California Court of Appeal

In a prosecution of defendant for cultivation of marijuana and other related charges, wherein the trial court denied prosecution's motion to continue a hearing on a defense motion to suppress evidence under section 1050 because proper notice of the motion had not been given and no good cause existed for such failure, orders granting the motion to suppress and dismissing the action are reversed and remanded as the trial court erred in refusing to continue the hearing as: 1) sections 1050 and 1050.5 prohibit the dismissal of an action due to the absence of good cause for a continuance or for the prosecutor's failure to provide proper notice of a request for a continuance; and 2) although the trial court did not dismiss this action as an express sanction for a failure to show good cause, dismissal was the reasonably foreseeable result of denial of the motion to continue.

Appellate Information

• Decided 05/14/2010
• Published 05/14/2010

Judges

• SIMONS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Laurence K. Sullivan and Amy Haddix, Deputy Attorneys General, for Plaintiff and Appellant.


• For Appellees:
  
• Tara Mulay, under appointment by the Court of Appeal, for Defendant and Respondent.