BRUNER v. SUPERIOR COURT

Docket No. A044525.

207 Cal.App.3d 1193 (1989)

255 Cal. Rptr. 462

PHILIP BRUNER, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest.

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

January 31, 1989.


Attorney(s) appearing for the Case

COUNSEL

Jeff Brown, Public Defender, Peter G. Keane, Chief Deputy Public Defender, Grace L. Suarez and Wendy Lowinger, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Laurence K. Sullivan and Ann K. Jensen, Deputy Attorneys General, for Real Party in Interest.


OPINION

PERLEY, J.

Petitioner contends he was illegally committed because the magistrate refused to permit him to move for suppression of evidence at the preliminary hearing on the ground that the motion was untimely. We agree that the magistrate was required to hear the motion and that the information must be dismissed for the denial of a substantial right.

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