People v. Ferrer

Opinion

SIMONS, Acting P. J.

On the date scheduled for the hearing on a defense motion to suppress evidence under Penal Code section 1538.5, 1 the trial court denied a prosecution motion to continue the hearing under section 1050 because proper notice of the motion had not been provided and no good cause existed for the failure to provide notice or for the continuance itself. Because the prosecution was unable to proceed, the court ordered the evidence suppressed. Lacking the suppressed evidence, the prosecution announced it could no longer successfully prosecute the case, and the trial court…