People v. Kirk

Opinion

HINZ, J.

Introduction

Following a pretrial ruling to strike a prior conviction alleged against the defendant as constitutionally invalid, the People seek to appeal this ruling before a judgment of conviction. We find that the People may appeal the order, but remand the case to the appellate department of the superior court for review of the inferior court’s ruling.

An amended misdemeanor complaint filed on April 3, 1991, alleged that on September 10, 1990, defendant Brent Curtis Kirk committed the crime of driving under the influence of alcohol or drugs in violation of Vehicle Code…