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PEOPLE v. MILLER

No. G033762.

29 Cal.Rptr.3d 459 (2005)

The PEOPLE, Plaintiff and Respondent, v. Mason G. MILLER, Defendant and Appellant.

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

Review Granted September 21, 2005.

Attorney(s) appearing for the Case

David K. Rankin, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, James D. Dutton, Charles C. Ragland and Garry Haehnle, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOORE, J.

Defendant Mason G. Miller appeals the trial court's denial of his motion to suppress evidence pursuant to Penal Code section 1538.5. The defendant argues that, although he was on probation, the initial detention prior to the search was unjustified. Because the prosecution conceded this issue below, a change in the relevant law requires reversal.

I

FACTS

The defendant was on probation on the night of October 20...

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