McQuillan v. Appellate Dep't of the Superior Court of Santa Clara Cty.

Opinion

EMERSON, J.*

Petitioners, who are charged with misdemeanors in the municipal court (real party), moved in that court for the suppression of certain evidence pursuant to Penal Code section 1538.5. The motion was granted and the People appealed to respondent appellate department on the superior court. (Pen. Code, § 1538.5, subd. (j), fourth sentence.)

*545The appellate department filed an opinion in which it stated that it reversed the “conviction” and remanded the case to the municipal court with directions “to take additional evidence . . . and then review the same in light of the applicable…