Vlick v. Superior Court

Opinion

LILLIE, J.

Following denial of their motion under Penal Code section 995 to dismiss an information charging them with three counts of receiving stolen property (§ 496, Pen. Code) and one count of possession for sale of heroin (§ 11351, Health & Saf. Code), defendants Vlick and McKee filed the within petition for writ of prohibition pursuant to section 999a, Penal Code on the ground the superior court previously had exceeded its jurisdiction by hearing the People’s motion under section 871.5, Penal Code, reviewing the magistrate’s ruling granting a motion *995to suppress (§ 1538.5, Pen.…