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People V. Rios

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eBook details

  • Title: People V. Rios
  • Author : Supreme Court Of California
  • Release Date : January 03, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

Manuel Chavez Rios appeals from a judgment rendered upon his plea of guilty to possession of amphetamines for sale. (Former Health & Saf. Code, § 11911, now § 11378.)*fn1 Defendant had first entered pleas of not guilty to each of three counts alleging possession of narcotics for sale and had moved pursuant to section 1538.5 for the suppression of physical evidence as to each count. When the motion was denied defendant withdrew his plea of not guilty and pleaded guilty to one of the counts and the other counts were dismissed.*fn2 Defendant's appeal challenges only the propriety of the trial court's ruling on the motion to suppress. (§ 1538.5, subd. (m).) We conclude that because some of the evidence should have been suppressed the judgment must be reversed without evaluation of the prejudice suffered by defendant because of the erroneous ruling. (People v. Hill (1974) 12 Cal. 3d 731 [117 Cal. Rptr. 393, 528 P.2d 1].)


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