People v. Schlosser

Opinion

REGAN, J.

This is a People’s appeal from an order of the superior court dismissing the action on motion of defendants pursuant to Penal Code section 1387.

On February 8, 1977, a felony complaint was filed in the Sacramento Municipal Court charging defendants in count one with possession of cocaine for sale (Health & Saf. Code, § 11351) and in count two with possession of marijuana (Health & Saf. Code, § 11357, subd. (c)). On March 1, 1977, a preliminary hearing was held. At said hearing, a motion to suppress evidence was made pursuant to section 1538.5 of the Penal Code. The motion was…