People v. Barker

{concurring'),.. I concur in Judge Burns’ "opinion reversing defendant’s conviction and granting him a- new trial. I write separately - because I think we are also obligated to consider and decide the défendant’s. claim that the. trial court1 erred when it denied his motion'to suppress the marijuana seized in his automobile.

At the new trial,., the., admissibility of the marijuana is a. question “which is boimd to arise again. Accordingly, we should now decide that question.2 If the marijuana is-inadmissible, then the defendant, who'has already spent over a year in jail, is .entitled to have…