Minervini

The People endeavor to appeal from simultaneous orders suppressing certain evidence pursuant to Penal Code section 1538.5 and setting aside the information under section 995 of that code.

The respondents are charged jointly with two counts of burglary in violation of Penal Code section 459. The allegations are that they entered rooms 225 and 281 of the Pepper Tree Motel in Santa Barbara with intent to commit theft. The evidence at the preliminary examination consisted of the testimony of the desk clerk and manager of the motel and the two registration cards filled out by the respondents. The magistrate overruled constitutional and statutory (Pen. Code, § 844) objections to portions of the testimony and held respondents to answer.

In due course, respondents moved to suppress evidence and to set aside the information. The motions were heard together and submitted upon the transcript of the preliminary hearing. However, as to the motion to suppress, the transcript was augmented by brief additional testimony of the hotel manager. It was the stated intention of the trial court to “rule first on the 1538 and then consider the 995.” Nonetheless, at the conclusion of the…