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PEOPLE v. SUPERIOR COURT

No. H029987.

59 Cal.Rptr.3d 633 (2007)

151 Cal.App.4th 85

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Santa Clara County, Respondent; Maurice Xavier Nasmeh, Real Party in Interest.

Court of Appeal of California, Sixth District.

May 23, 2007.

Attorney(s) appearing for the Case

Bill Lockyer and Edmund G. Brown, Jr. Attorneys General, Robert R. Anderson and Mary Jo Graves, Chief Assistant Attorneys General, Gerald A. Engler, Senior Assistant Attorney General, Laurence K. Sullivan, Supervising Deputy Attorney General, Amy Haddix and John H. Deist, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Daniel Jensen, Law Office of Daniel Jensen, Santa Clara, J. Courtney Shevelson, Law Office of J. Courtney Shevelson, for Real Party in Interest.

DUFFY, J.

Real party in interest Maurice Xavier Nasmeh has been charged with the murder of Jeanine Harms (Pen.Code, § 187)1 and awaits trial. The superior court granted a pretrial motion by Nasmeh to suppress evidence (§ 1538.5), ruling that the search and seizure of Nasmeh's car exceeded the scope of a warrant and that there was no other ground to permit the introduction of the evidence. The People petitioned for a writ of mandate...

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