PEOPLE v. SUPERIOR COURT

Docket No. Sac. 7880.

4 Cal.3d 605 (1971)

483 P.2d 1202

94 Cal. Rptr. 250

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF BUTTE COUNTY, Respondent; GARY STEPHEN EDMONDS, Real Party in Interest.

Supreme Court of California. In Bank.

April 23, 1971.


Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch and Evelle J. Younger, Attorneys General, Edward A. Hinz, Jr., and Willard F. Jones, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

McPherson, Mulkey & Aisthorpe and Harold C. Wright for Real Party in Interest.


OPINION

BURKE, J.

In this case we are called upon to determine whether Penal Code section 1538.5 permits a defendant charged with the commission of a felony offense to renew at trial a motion to suppress evidence, which motion had been previously denied at a special hearing held in superior court. We have concluded that the trial court which granted defendant's renewed motion had no jurisdiction to entertain that motion, and that...

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