Espinosa v. Superior Court

Opinion

PUGLIA, P. J.

Petition for writ of mandate following denial by the trial court of petitioner’s motions to vacate an order confiscating his personal property and to return evidence to him pursuant to Penal Code section 1418.

Petitioner had been charged with assault with a deadly weapon on a peace officer. (§ 245, subd. (b).) Upon his arrest at his residence, petitioner had certain weapons in his immediate possession. The police seized the weapons, two handguns and a rifle and ammunition belonging thereto. Ultimately, petitioner was acquitted of the criminal charge at jury trial. Instead…