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PEOPLE v. MENA

No. S173973.

54 Cal.4th 146 (2012)

141 Cal. Rptr. 3d 469

277 P.3d 160

THE PEOPLE, Plaintiff and Respondent, v. JOAQUIN MENA, Defendant and Appellant.

Supreme Court of California.

May 31, 2012.

Attorney(s) appearing for the Case

John P. Dwyer , under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala G. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons , Assistant Attorney General, Barry Carlton , Susan Miller , Steven T. Oetting and Eric A. Swenson , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CORRIGAN, J.—

When a trial court denies a defendant's motion for a physical lineup and the defendant does not seek writ review of that ruling, is the defendant barred from raising the issue on postjudgment appeal? The Court of Appeal said yes, reasoning that a failure to challenge the ruling by writ undermines the purpose of the lineup right conferred under Evans v. Superior Court (1974) 11 Cal.3d 617...

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