People v. Superior Court (Brown)

Opinion

LILLIE, J.

This case is before us on petition for writ of mandate brought by the People pursuant to section 1538.5, subdivision (o), Penal Code, subsequent to order granting defendant’s motion to suppress evidence (§ 1538.5, Pen. Code). The felony case against defendant is still pending before the superior court not having been dismissed under section 1385, Penal Code, thus writ of mandate is a proper remedy.

Defendant was charged by information with a violation of section 12021, Penal Code (possession of a firearm by one convicted of a felony). He moved to suppress a black holster and a…