People v. Superior Court

Opinion

LILLIE, J.

This matter is before us on the People’s petition for writ of mandate directing respondent court to annul its order of April 6, 1970, granting defendants’ motion under section 1538.5, Penal Code, and suppressing evidence in a pending criminal prosecution against defendants Green and Ramsey. We issued ah alternative writ commanding respondent court to annul its order or to show cause why it had not done so. The order not having been annulled on the return day, the cause was heard and argued. We conclude that respondent court had no jurisdiction to rehear the motion under…