Mesaris v. Superior Court

Opinion

KINGSLEY, Acting P. J.

Petitioner seeks a writ of prohibition to review an order of respondent court denying a motion made by him, purportedly under section 1538.5 of the Penal Code, to suppress evidence against him.

Acting on the representations made to us in his petition, and on the record presented in support thereof, we granted an alternative writ of mandate. The return filed by the People has disclosed that our writ was issued on an inaccurate assumption as to the facts and that it should be vacated and the petition dismissed.

Petitioner was duly charged with the crime of possession…