People v. Lingo

Opinion

KINGSLEY, J.

This is an appeal by the People, pursuant to subdivision 7 of section 1238 of the Penal Code, 1 from an order of the Superior Court made under subdivision .(/) of section 1538.5 and section 1385, dismissing a criminal prosecution after the court had granted a motion by defendant, made under section 1538.5, to suppress certain evidence.

It was conceded in the trial court that, if the motion to suppress was properly granted, the People had insufficient evidence to sustain a conviction.

I

Defendant argues that the People may not, on this appeal from an order of dismissal, secure…