PEOPLE v. CONTRERAS

Docket No. G005902.

210 Cal.App.3d 450 (1989)

259 Cal. Rptr. 290

THE PEOPLE, Plaintiff and Appellant, v. ROBERTO CORTEZ CONTRERAS, Defendant and Respondent.

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

May 11, 1989.


Attorney(s) appearing for the Case

COUNSEL

Cecil Hicks, District Attorney, Michael R. Capizzi, Chief Assistant District Attorney, Maurice L. Evans, Assistant District Attorney, Thomas M. Goethals, E. Thomas Dunn, Jr., and James Mulgrew, Deputy District Attorneys, for Plaintiff and Appellant. Phillip I. Bronson, under appointment by the Court of Appeal, for Defendant and Respondent.


OPINION

CROSBY, J.

A deputy district attorney declined to go forward at a suppression hearing after the superior court refused to require the defendant to prove standing before taking evidence on the reasonableness of a warrantless search and seizure. The court then granted the motion to suppress and dismissed when the prosecution indicated it could not go forward at trial. Although we agree the order of proof is a judicial prerogative...

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