PEOPLE v. REYES

Docket Nos. F010809, F012442.

223 Cal.App.3d 1218 (1990)

273 Cal. Rptr. 61

THE PEOPLE, Plaintiff and Respondent, v. DAVID PENA REYES, Defendant and Appellant. In re DAVID PENA REYES on Habeas Corpus.

Court of Appeals of California, Fifth District.

September 13, 1990.


Attorney(s) appearing for the Case

COUNSEL

Sara H. Ruddy, under appointment by the Court of Appeal, for Defendant and Appellant and for Petitioner.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Joel Carey and Laura I. Heidt, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

THAXTER, J.

We hold here that defendant's pants and shirt, removed while he took a shower in a closed, private bathroom, remained an extension of his person, rather than becoming a part of the premises, and were not covered by a warrant authorizing search of the premises.

Defendant1 David Pena Reyes was convicted by jury verdict of a single count of possession of heroin for the purpose...

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