Landers

On June 19, 1968, an information was filed charging defendants Landers and Wedderien with possession of marijuana. (Health & Saf. Code, § 11530.) On July 8, 1968, the trial court granted defendant’s motion to set aside the information. (Pen. Code, § 995.) The People appealed and filed an opening brief on December 26, 1968. In the superior court defendants were represented by private counsel who remains their attorney on appeal. (People v. Bouchard, 49 Cal.2d 438 [ 317 P.2d 971 ].) The People’s brief was duly served on him. On March 25, 1969, the notice provided for by rule 17b of the California Rules of Court was mailed by the clerk of this court.

We take the facts from the People’s brief:

Discussion

It is difficult to figure out just what bothered the trial court about the seizure of the contraband. Apparently it found no fault with the initial arrest and the fact that defendants were brought back to the Abargo house. Even though the court thought that “the parties were very careful not to let the officers in the house,” it naturally could not find anything wrong with the pursuit through the house when Wedderein was trying to get away. Apparently the court felt that…