California Court of Appeal

If a defendant's motion to suppress is granted at a preliminary hearing but the defendant is bound over for trial and then arraigned on an information, the suppression motion ruling is binding, under Penal Code section 1538.5(d), unless the prosecution requests the special hearing described in section 1538.5(j) within 15 days.

Appellate Information

• Decided 03/20/2002
• Published 03/20/2002

Judges

• McDONALD, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Steven J. Carroll, Public Defender, and Matthew Braner, Deputy Public Defender, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, James D. Dutton and Matthew Mulford, Deputy Attorneys General, for Plaintiff and Respondent.