PEOPLE v. MARTINEZ

Docket No. Crim. 17625.

14 Cal.3d 533 (1975)

535 P.2d 739

121 Cal. Rptr. 611

THE PEOPLE, Plaintiff and Respondent, v. JOSEPH MARIO MARTINEZ, Defendant and Appellant.

Supreme Court of California. In Bank.

June 3, 1975.


Attorney(s) appearing for the Case

COUNSEL

David M. Blackman, under appointment by the Supreme Court, and William J. Owen for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler and Edward A. Hinz, Jr., Chief Assistant Attorneys General, William E. James, Assistant Attorney General, Arnold O. Overoye, James T. McNally and Gregory W. Baugher, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

CLARK, J.

Defendant appeals from judgment entered on a jury verdict convicting him of grand theft (auto). (Pen. Code, § 487, subd. 3.) Defendant's mid-trial motion to suppress evidence as being the product of an illegal search was denied on the ground his failure to have made the motion prior to trial was inexcusable.1 Defendant contends the untimeliness of the motion should have been excused...

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