Mesaris

People v. Mesaris

Good Law
1988 Cal. App. LEXIS 528·201 Cal. App. 3d 1377·247 Cal. Rptr. 708
Court of Appeal of CaliforniaJune 9, 1988H002421California2,270 words

Opinion

Opinion

Capaccioli, J.

In this case we are asked to determine whether the superior court erred by granting respondent Gary Mesaris’s Penal Code section 995 motion to dismiss where the motion was predicated upon a violation of the 10-day rule set forth in Penal Code section 871.5, subdivision (e). The matter comes to us on appeal by the People from the superior court’s order granting respondent’s motion to dismiss the charges against him.

Background

On August 19, 1985, a criminal complaint was filed alleging that respondent Mesaris and codefendants Diane Mesaris and Leslie Williams had cultivated marijuana (Health & Saf. Code, § 11358), possessed marijuana for sale (Health & Saf. Code, § 11359), and possessed concentrated cannabis (Health & Saf. Code, § 11357, subd. (a)).

On February 21, 1986, the magistrate refused to hold any of the defendants to answer, finding that although sufficient evidence existed to support the charges, the evidence had to be suppressed on Fourth Amendment grounds; specifically, the magistrate relied upon the opinion of the Court of Appeal in People v. Ciraolo (1984) 161 Cal.App.3d 1081 [ 208 Cal.Rptr. 93 ].

On March 7, 1986, pursuant to Penal Code section 871.5,…

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