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Legal Opinion

People v. Dyas

California Court of Appeal

Decided December 26, 1979No. Crim. 34361PublishedCited by 6 opinions

1Opinion of the Court

Opinion

POTTER, Acting P. J.

This appeal involves the validity of a prosecutor’s determination of a defendant’s ineligibility for diversion pursuant to Penal Code 1 section 1000, subdivision (a)(3), 2 based solely on suppressed evidence. We will conclude that evidence that has been ordered suppressed following a successful motion under section 1538.5 cannot support such a determination.

Defendant Clarence Dyas was accused of possession for sale of a controlled substance, methalphedadate (Health & Saf. Code, § 11378), and possession of a controlled substance, phencyclidine (Health & Saf. Code, §…

2Cases cited10 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. In Re MartinezCalifornia Supreme Court · 1970
  3. People v. Superior Court (On Tai Ho)California Supreme Court · 1974
  4. People v. BelleciCalifornia Supreme Court · 1979
  5. People v. BrighamCalifornia Supreme Court · 1979

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3Cited by6 opinions

  1. State v. Cascade District CourtWashington Supreme Court · 1980
  2. People v. OrmistonCalifornia Court of Appeal · 2003
  3. People v. BrackettCalifornia Court of Appeal · 1994
  4. People v. HayesCalifornia Court of Appeal · 1985
  5. People v. OrmistonCalifornia Court of Appeal · 2003

1 more not listed; retrieve them via the Exa API.

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