Legal Opinion
People v. Gallegos
California Court of Appeal
Decided April 15, 1997No. F025107PublishedCited by 9 opinions
1Opinion of the Court
Opinion
HARRIS, J.
We, herein, find constitutional those provisions of Penal Code section 1538.5 which permit the prosecution, following the grant of a motion to suppress evidence first made in the superior court, to dismiss the case, refile the charges and oppose a subsequent superior court suppression motion without binding effect of the first ruling.
Statement of the Case
Following refiling of charges and waiver of a preliminary hearing, appellant George Llanes Gallegos was charged by information No. 63928, filed in the Kern County Superior Court on September 20, 1995, with transportation of…
2Cases cited19 opinions
- United States v. MatlockSupreme Court of the United States · 1974
- California v. Hodari D.Supreme Court of the United States · 1991
- McCray v. IllinoisSupreme Court of the United States · 1967
- Wardius v. OregonSupreme Court of the United States · 1973
- Lungren v. DeukmejianCalifornia Supreme Court · 1988
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3Cited by9 opinions
- Schmidlin v. City of Palo AltoCalifornia Court of Appeal · 2008
- Hess Collection Winery v. Agricultural Labor Relations BoardCalifornia Court of Appeal · 2006
- Barnes v. Superior CourtCalifornia Court of Appeal · 2002
- People v. BlackCalifornia Court of Appeal · 2003
- People v. BennettCalifornia Court of Appeal · 1998
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