Kashani
People v. Kashani
Opinion
Opinion
Puglia, J.
Defendant pled guilty to possession of cocaine (Health & Saf. Code, § 11350). This appeal challenges the denial of defendant’s motion to suppress evidence seized pursuant to a search warrant (Pen. Code, § 1538.5, subd. (m)). We will affirm.
The search warrant was issued by Superior Court Judge Kleaver acting as a magistrate. Claiming the judge had failed to read all the supporting material before issuing the warrant, defendant caused a subpoena to be served on Judge Kleaver commanding his attendance at the suppression hearing to testify. On motion of the People, the trial court quashed service of the subpoena on the ground defendant had not shown good cause to challenge the presumption of regularity attending issuance of the warrant. On appeal defendant contends she was prejudicially denied the opportunity to establish fatal irregularity by the magistrate in the issuance of the search warrant.
Defendant relies on the opinion of this court in Kaylor v. Superior Court (1980) 108 Cal.App.3d 451 [ 166 Cal.Rptr. 598 ], for the proposition that one attacking a search warrant has the absolute right to compel the testimony at the suppression hearing of the magistrate concerning…