Pangelina

People v. Pangelina

Good Law
117 Cal. App. 3d 414·172 Cal. Rptr. 661·1981 Cal. App. LEXIS 1528
Court of Appeal of CaliforniaMarch 27, 1981Crim. 20187California3,646 words

Opinion

Opinion

Newsom, J.

The present appeal arises under the following circumstances.

An indictment returned by the Santa Clara Grand Jury on August 30, 1978, charged appellants and four named codefendants with conspiracy (Pen. Code, § 182) to keep a house of prostitution (Pen. Code, § 315). On September 13, 1978, appellants were arraigned, entered a plea of not guilty, and waived time; they did not, however, join with their codefendants in expressly reserving the right to demur.

On October 16, 1978, codefendant Gloria Washington made various pretrial motions, including motions for a postindictment preliminary hearing and to suppress, in which she was subsequently joined by appellants. On January 22, 1979, defendants’ motions to set aside the plea and for a postindictment preliminary hearing were argued and submitted. The court denied the motions, reserving defendants’ rights to withdraw the pleas for the purpose of demurring.

A subsequent hearing on the same motions was held on February 2, 1979. The motion to suppress was continued at defense counsel’s request. In a memorandum decision filed February 8, 1979, the motion for a postindictment preliminary hearing and to withdraw pleas was…

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