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PEOPLE v. TONEY

No. S104995.

8 Cal.Rptr.3d 577 (2004)

82 P.3d 778

32 Cal.4th 228

The PEOPLE, Plaintiff and Appellant, v. Roosevelt Lorenzo TONEY, Defendant and Respondent.

Supreme Court of California.

January 22, 2004.

Attorney(s) appearing for the Case

John D. Phillips, District Attorney, Kevin A. Hicks and David Wellenbrock, Deputy District Attorneys, for Plaintiff and Appellant.

Dennis L. Stout, District Attorney (San Bernardino), Grover D. Merritt and Mark A. Vos, Deputy District Attorneys, for California District Attorneys' Association as Amicus Curiae on behalf of Plaintiff and Appellant.

William J. Arzbaecher III, under appointment by the Supreme Court, and Erlinda G. Castro, Berkeley, under appointment by the Court of Appeal, for Defendant and Respondent.

KENNARD, J.

At issue here is the interplay between certain subdivisions of two Penal Code statutes, sections 1538.5 and 871.5.1

Section 1538.5 sets out the procedures for defense motions to suppress evidence in criminal cases. Its subdivision (p) generally prohibits the prosecution from refiling dismissed charges if the defendant's suppression motion "has been granted twice."

Section 871.5 pertains to actions dismissed...

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