Legal Opinion · Concurring in part, dissenting in part

Ondarza v. Superior Court

California Court of Appeal

Decided May 27, 1980No. Civ. 5267Published

1Concurring in part, dissenting in part

ZENOVICH, J.,

Concurring and Dissenting.—I concur in the conclusion that count eight of the information was not transactionally related to the offenses for which petitioner was committed. The lead opinion most correctly criticizes the Eitzen and Farley decisions for ignoring the transactional requirement enunciated in Parks and its progeny.

Nonetheless, I believe the suppression motion relating to the videomatic search warrant should have been granted. Thus, I dissent from the portion of the lead opinion which sustains the denial of that motion.

The lead opinion reasons that the lower court made…

2Cases cited4 opinions

  1. Theodor v. Superior CourtCalifornia Supreme Court · 1972
  2. People v. MartinCalifornia Supreme Court · 1973
  3. Rodriguez v. Superior CourtCalifornia Court of Appeal · 1978
  4. People v. Superior Court (McCaney)California Court of Appeal · 1978

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