Gershenhorn v. Superior Court

Alleging that his property had been seized as an incident to an illegal search, seizure and arrest, petitioner moved in respondent court for an order directing its return. The motion having been denied, he sought to appeal. We dismissed his appeal, on the ground that the order of denial was not an appealable order. (People v. Gershen horn (1964) 225 Cal.App.2d 122 [37 Cal.Rptr. 176]. * ) In dismissing the appeal, we said: “Appellant is not, however, without remedy. Since the order is not otherwise reviewable, a discretionary review by writ of mandate from this court is available.” (People v.…