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PEOPLE v. JOHNSON

No. A098085.

3 Cal.Rptr.3d 507 (2003)

The PEOPLE, Plaintiff and Appellant, v. John Medley JOHNSON, Defendant and Respondent.

Court of Appeals of California, First District, Division Two.

Review Granted November 12, 2003.

Attorney(s) appearing for the Case

Gary T. Yancey, District Attorney Doug MacMaster, Deputy District Attorney, for Appellant.

David C. Coleman, III, Public Defender Jonathan Laba, Deputy Public Defender Ron Boyer, Deputy Public Defender, for Respondent.

KLINE, P.J.

The question presented by this appeal is whether the prosecution can satisfy its burden of proof at a suppression hearing by presenting the investigating officer's affidavit in lieu of live testimony. The trial court answered in the negative, granted the defendant's motion to suppress and, when the prosecutor represented he was unable to proceed, dismissed the case. The People appeal. We reverse.

STATEMENT OF THE CASE

Respondent...

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