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Legal Opinion

People v. Perez

California Court of Appeal

Decided November 29, 1976No. Crim. 28260PublishedCited by 17 opinions

1Opinion of the Court

Opinion

COBEY, Acting P. J.

The People of the State of California appeal from a judgment of dismissal following the grant of a Penal Code section 1538.5 motion by defendant, Reymundo Frausto Perez, to suppress certain evidence (a balloon of heroin). The appeal lies. (Pen. Code, § 1238. subd. (a)(7).)

Defendant was charged with possession of heroin, a violation of Health and Safety Code section 11350. The charge stemmed from a search made by the police incident to booking defendant for violation of Penal Code section 647, subdivision (f)—being drunk in a public place.

Facts

On August 24, 1975, at…

2Cases cited6 opinions

  1. In Re ZornCalifornia Supreme Court · 1963
  2. In re KoehneCalifornia Supreme Court · 1963
  3. People v. BelangerCalifornia Court of Appeal · 1966
  4. People v. OlsonCalifornia Court of Appeal · 1971
  5. People v. BeltrandCriminal Court of the City of New York · 1970

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3Cited by17 opinions

  1. People v. YarbroughCalifornia Court of Appeal · 2008
  2. State v. BoothSupreme Court of Iowa · 2003
  3. State v. CulpIndiana Court of Appeals · 1982
  4. DeMott v. Board of Police CommissionersCalifornia Court of Appeal · 1981
  5. People v. WhiteCalifornia Court of Appeal · 1991

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

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