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PEOPLE v. GARRY

No. A114235.

67 Cal.Rptr.3d 849 (2007)

156 Cal.App.4th 1100

The PEOPLE, Plaintiff and Respondent, v. McKinley William GARRY, Defendant and Appellant.

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

As Modified November 29, 2007.

Attorney(s) appearing for the Case

Under Appointment by the Court of Appeal Jennifer A. Mannix, Tara Mulay, for Defendant and Appellant

Edmund G. Brovra, Jr., Attorney General of the State of California, Dane R. Gillette, Senior Assistant Attorney General

Catherine A. Rivlin, Supervising Deputy Attorney General, Allen R. Crown, Deputy Attorney General for Plaintiff and Respondent.

LAMBDEN, J.

Defendant McKinley William Garry seeks reversal of a judgment and probation modification order because both resulted from the trial court's improper denial of his motion to suppress certain evidence obtained when a police officer detained him as he stood in front of his home late one evening in May 2005. We reverse the judgment and order and remand for further proceedings.

BACKGROUND

Case No. VCR162584

In December 2002...

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