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Legal Opinion

People v. Benson

Appellate Division of the Superior Court of California

Decided September 15, 1976No. Crim. A. No. 14315PublishedCited by 6 opinions

1Opinion of the Court

Opinion

ALARCON, J.

This is an appeal by the People from the judge’s order dismissing an action under Penal Code section 1385 after it was revealed that the results of defendant’s urinalysis could not be located for trial.

*Supp. 12Pertinent Facts

Defendant was arrested on December 12, 1975, for violation of Health and Safety Code section 11550 (under the influence of a controlled substance) and on that date a sample of his urine was taken for testing. On January 2, 1976, the date set for trial, the judge continued the trial to January 5 and ordered the city attorney to procure the urinalysis…

2Cases cited6 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. Carlton E. Bryant, United States of America v. William E. TurnerCourt of Appeals for the D.C. Circuit · 1971
  3. People v. HitchCalifornia Supreme Court · 1974
  4. People v. RitchieCalifornia Court of Appeal · 1971
  5. People v. ShafferCalifornia Court of Appeal · 1960

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

3Cited by6 opinions

  1. People v. LaiwaCalifornia Supreme Court · 1983
  2. People v. GillispieCalifornia Court of Appeal · 1997
  3. People v. BenevidesCalifornia Court of Appeal · 1998
  4. State v. Cole Jr.Montana Supreme Court · 1977
  5. People v. BenevidesCalifornia Court of Appeal · 1998

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

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