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P. v. Williams

P. v. Williams
04:14:2006

P. v. Williams



Filed 3/16/06 P. v. Williams CA4/2




NOT TO BE PUBLISHED IN OFFICIAL REPORTS




California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA





FOURTH APPELLATE DISTRICT





DIVISION TWO













THE PEOPLE,


Plaintiff and Appellant,


v.


KEITH GEORGE WILLIAMS,


Defendant and Respondent.



E038010


(Super.Ct.No. SWF 009452)


OPINION



APPEAL from the Superior Court of Riverside County. Rodney L. Walker, Judge. Reversed in part and Remanded.


Grover Trask, District Attorney, and Elise J. Farrell and Matt Reilly, Deputy District Attorneys, for Plaintiff and Appellant.


Jean F. Matulis, under appointment by the Court of Appeal, for Defendant and Respondent.


The People appeal the trial court's denial of their Penal Code section 871.5[1] motion to compel the magistrate to reinstate the complaint against defendant Keith George Williams which was dismissed pursuant to section 1538.5. The People maintain that the magistrate erred in suppressing the evidence seized from defendant's property. We reverse in part and remand.


FACTUAL BACKGROUND


On January 14, 2004, Deputy Fred Collazo and three other narcotics deputies approached the property owned by Melody Barnett, located on Tenaja Road, which is a large – over 60-acre – ranch on the border of Riverside and San Diego Counties.[2] The purpose of the visit was to conduct a â€





Description A decision in a motion to compel the magistrate to reinstate the complaint.
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