People v. Kain

Opinion

SIMS, J.

We hold that the 1986 amendment of subdivision (i) of Penal Code section 1538.5, effective January 1, 1987 (Stats. 1986, ch. 52, § 1) did not change the requirement of People v. Lilienthal (1978) 22 Cal.3d 891, 896 [150 Cal.Rptr. 910, 587 P.2d 706], that a defendant must challenge the legality of a search in superior court in order to obtain review of the issue in an appeal to this court. (Further statutory references are to the Penal Code unless otherwise indicated.)

Procedural History

In September 1987 defendant was charged by consolidated complaints in municipal court with…