People v. Superior Court

The People of the State of California petition for writ of mandate to set aside the order of the Santa Clara County Superior Court to suppress evidence.

Question Presented

Was the petition filed in time? No.

Record

Real parties in interest were charged in the municipal court with violation of Health and Safety Code section 11912. Real party Martinez was also charged with violation of section 11530. After a preliminary examination all three were held to answer in the superior court. On June 16, 1972, an information was filed in the Santa Clara County Superior Court charging them with the above stated offenses. On August 14, the date originally set for trial, their motion to suppress evidence pursuant to Penal Code section 1538.5 was granted. The court on the same day reassigned the case for trial to the master calendar “to trail” on August 21. On that date it was set “to trail” on September 11. On that date it was continued to a later date. On September 13, the People filed this petition for writ of mandate.

The petition for writ of mandate was filed too late. Section 1538.5 of the Penal Code provides, in pertinent part: “(o) Within 30 days after a defendant’s motion…