People v. Martinez

Opinion

CLARK, J.

Defendant appeals from judgment entered on a jury verdict convicting him of grand theft (auto). (Pen. Code, § 487, subd. 3.) Defendant’s mid-trial motion to suppress evidence as being the product of an illegal search was denied on the ground his failure to have made the motion prior to trial was inexcusable. Defendant contends the untimeliness of the motion should , have been excused, alleging he was previously unaware of the grounds for suppression. Defendant alternatively concedes the suppression motion was untimely but contends he was thereby denied effective assistance of…