PEOPLE v. BRITTON

No. G025710.

111 Cal.Rptr.2d 199 (2002)

91 Cal.App.4th 1112

The PEOPLE, Plaintiff and Respondent, v. Harold Lee BRITTON, Defendant and Appellant.

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

Review Denied November 14, 2001.


Attorney(s) appearing for the Case

Maureen J. Shanahan, under appointment by the Court of Appeal, Malibu, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Garrett Beaumont, Pamela A. Ratner, and Scott C. Taylor, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

MOORE, J.

Following the denial of his motion to suppress evidence under Penal Code section 1538.5, Harold Lee Britton pleaded guilty to a charge under Health and Safety Code section 11350, subdivision (a), for possession of heroin. He asserts the magistrate erred by permitting the prosecution to respond orally to his motion rather than requiring it to file and serve a timely written response, thereby violating his rights to due process and a fair...

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