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PEOPLE v. FRAIJO

Docket No. 30505.

78 Cal.App.3d 977 (1977)

144 Cal. Rptr. 424

THE PEOPLE, Plaintiff and Appellant, v. BENJAMIN LOPEZ FRAIJO, Defendant and Respondent.

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

December 22, 1977.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, District Attorney, Donald J. Kaplan and Dirk L. Hudson, Deputy District Attorneys, for Plaintiff and Appellant.

Wilbur F. Littlefield, Public Defender, Dennis A. Fischer, James J. Ferr and John L. Ryan, Deputy Public Defenders, for Defendant and Respondent.

OPINION

THOMPSON, J.

This is an appeal by the prosecution from an order of the trial court dismissing two counts of a four-count information pursuant to Penal Code section 995. The order of dismissal is based upon the trial court's determination that evidence produced at the preliminary hearing which established probable cause to hold the defendant for trial on the two counts was the tainted product of an illegal search of the trunk...

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