P. v. Schmitz 8/18/10 CA4/3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: G040641

Case Date: 12/02/2010

Preview:Filed 8/18/10

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. DOUGLAS SCHMITZ, Defendant and Appellant. G040641 (Super. Ct. No. 06HF2342) OPINION

Appeal from a judgment of the Superior Court of Orange County, James H. Poole, Judge. Reversed and remanded. William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, James D. Dutton and Emily R. Hanks, Deputy Attorneys General, for Plaintiff and Respondent.

Distinguishing between friends and enemies can sometimes be more problematic than would be expected. Douglas George Schmitz was convicted of four misdemeanors, based on a search premised on the parolee status of a passenger in his car. He must have had difficulty figuring out in which column

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