People v. Superior Court

Opinion

BURKE, J.

In this case we are called upon to determine whether Penal Code section 1538.5 permits a defendant charged with the commission of a felony offense to renew at trial a motion to suppress evidence, which, motion had been previously denied at a special hearing held in superior court. We have concluded that the trial court which granted defendant’s renewed motion had no jurisdiction to entertain that motion, and that accordingly the People are entitled to mandate to set aside the court’s order granting same.

Defendant was arrested on January 7, 1970, for possession of marijuana…