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CARLSON v. SUPERIOR COURT

Docket No. 14740.

58 Cal.App.3d 13 (1976)

129 Cal. Rptr. 650

RICHARD O. CARLSON et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

May 4, 1976.

Attorney(s) appearing for the Case

COUNSEL

Sankary & Sankary, Morris Sankary, Mathews, Bergen, Vodicka & Montag and Wesley H. Mathews for Petitioners.

No appearance for Respondent.

Edwin L. Miller, Jr., District Attorney, Peter C. Lehman, Robert J. O'Neill and Henry R. Mann, Deputy District Attorneys, for Real Party in Interest.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, and Jay M. Bloom, Deputy Attorney General, as Amici Curiae on behalf of Real Party in Interest.

OPINION

AULT, J.

Richard O. Carlson and Neill V. Barton are charged with two counts of grand theft (Pen. Code, § 487.1) and one count of conspiracy to cheat and defraud (Pen. Code, § 182, subd. 4). They have petitioned this court for a writ of prohibition or mandate under Penal Code section 1538.5, subdivision (i), after denial of their motion to suppress evidence seized in the search of Carlson's residence and certain records...

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