People v. Smith
California Court of Appeal
1Opinion of the Court
Opinion
STREETER, J.
— The People appeal from an order dismissing heroin possession charges against Louis Clark Smith. (Health & Saf. Code, § 11350, subd. (a); Pen. Code, § 1238, subd. (a)(1) & (8).) At a combined preliminary hearing and motion to suppress, the prosecutor moved for a continuance. The court found no good cause for a continuance, denied the prosecution’s motion, and granted a motion to dismiss the complaint. The People appeal, arguing it was error to deny a continuance and order dismissal. We agree, and will reverse.
BACKGROUND
By felony complaint, the Sonoma County District…
2Cases cited11 opinions
- People v. Superior Court (Romero)California Supreme Court · 1996
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- People v. TabbCalifornia Court of Appeal · 1991
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