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PEOPLE v. GUTIERREZ

No. B169161.

21 Cal.Rptr.3d 926 (2004)

124 Cal.App.4th 1481

The PEOPLE, Plaintiff and Respondent, v. Peter GUTIERREZ, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

As Modified on Denial of Rehearing January 13, 2005.

Attorney(s) appearing for the Case

Richard C. Gilman, Oxnard, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Victoria B. Wilson, Supervising Deputy Attorney General, and Sharon E. Loughner, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION ON REHEARING

GILBERT, P.J.

In this criminal action the magistrate granted defendant's motion to suppress evidence. (Pen.Code, § 1538.5.)1 The prosecution successfully moved to reinstate the complaint pursuant to section 871.5. To challenge the validity of the search on appeal, must defendant first make a suppression motion before the superior...

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