People v. Superior Ct. of Orange Cty.

In this case we conclude that a reviewing court has jurisdiction to rule upon a petition for an alternative writ of mandate sought pursuant to Penal Code section 1538.5, subdivision (o), when defendant has been found mentally incompetent to stand trial and committed to a state mental institution after the hearing on his motion to suppress evidence and the filing of the petition challenging the propriety of the lower court’s ruling.

The People seek a writ of mandate or prohibition pursuant to Penal Code section 1538.5, subdivision (o), to compel the superior court to vacate its order of March 28, 1977, granting the motion of the real party in interest (defendant) to suppress all evidence seized in a search of his residence pursuant to a search warrant except for the portion of the order suppressing two sets of keys and a Kodak Instamatic camera and its contents (items 7, 8 and 10 in the return to the search warrant). We issued an alternative writ of mandate.

Defendant Ken Richard Hulbert is charged with murder (Pen. Code, § 187), four counts of kidnaping for the purpose of robbery (Pen. Code, § 209), two counts of robbery (Pen. Code, §211), two counts of rape (Pen. Code,…