WEIGHAND v. APPELLATE DEPARTMENT

Docket No. 49697.

108 Cal.App.3d 629 (1980)

166 Cal. Rptr. 670

WILLIAM THOMAS WEIGHAND, Petitioner, v. THE APPELLATE DEPARTMENT OF THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

July 28, 1980.


Attorney(s) appearing for the Case

COUNSEL

Gerald A. Emanuel, Mayron, Emanuel, Ince & Hayes and John P. Hayes for Petitioner.

Louis P. Bergna, District Attorney, for Respondent.

George Deukmejian, Attorney General, and Robert R. Granucci, Deputy Attorney General, for Real Party in Interest.


OPINION

WHITE, P.J.

This petition seeks to prevent rehearing of an appeal decided by the Appellate Department of the Santa Clara County Superior Court. (1) We conclude that the grant of rehearing was untimely and issue writ of prohibition to restrain further proceedings on rehearing.

After denial of his motion to suppress evidence in the municipal court, petitioner appealed to the appellate department (Pen. Code...

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