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PEOPLE v. GALLARDO

No. G034390.

29 Cal.Rptr.3d 455 (2005)

130 Cal.App.4th 234

The PEOPLE, Plaintiff and Appellant, v. Edward Flores GALLARDO, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

Rehearing Denied June 17, 2005.

Review Denied September 7, 2005.

Attorney(s) appearing for the Case

Tony Rackauckas, District Attorney and Brian F. Fitzpatrick, Deputy District Attorney, for Plaintiff and Appellant.

Gerald J. Miller, Los Angeles, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

MOORE, J.

The Orange County District Attorney challenges an order of the trial court granting defendant's motion pursuant to Penal Code section 1538.5 and dismissing the indictment against him. We find there was no violation of the Fourth Amendment and therefore reverse the order granting the motion and dismissing the information.

I

FACTS

On July 4, 2004, Orange County Deputy Sheriff Mark Froome was on patrol in Lake Forest...

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