Bruner v. Superior Court

Opinion

PERLEY, J.

Petitioner contends he was illegally committed because the magistrate refused to permit him to move for suppression of evidence at the preliminary hearing on the ground that the motion was untimely. We agree that the magistrate was required to hear the motion and that the information must be dismissed for the denial of a substantial right.

On September 23, 1988, petitioner appeared for preliminary hearing on charges of possession for sale of heroin and possession of a hypodermic needle. As the hearing commenced, defense counsel informed the magistrate that he had two witnesses…