People v. Hansel

Opinion

PANELLI, J.

When a defendant’s motion to suppress evidence at the preliminary examination is denied and the defendant renews it in the superior court, are the People permitted to recall witnesses only when the defendant presents new evidence at the second hearing, under Penal Code section 1538.5, subdivision (i)? We conclude that the People’s right to recall witnesses is not so limited. We also conclude that the statute, so construed, does not violate the defendant’s constitutional rights to due process and compulsory process.

I. Facts

Defendants and respondents Vienna Rae Hansel, Kevin…