California Court of Appeal

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PEOPLE v. TONEY, C035564

Prosecution was barred from reinstatement of their second felony complaint by the provisions of Penal Code section 1538.5, which provides that the proceedings authorized by it and sections 871.5 and 1238 constitute the exclusive remedies prior to conviction for testing the reasonableness of a search or seizure.

Appellate Information

  • Decided 01/31/2002
  • Published 01/31/2002

Judges

  • BLEASE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • John D. Phillips, District Attorney, Kevin A. Hicks, Deputy District Attorney, for Plaintiff and Appellant.

  • For Appellees:
  • Erlinda G. Castro, Berkeley, under appointment by the Court of Appeal, for Defendant and Respondent.
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