In Re Hector R.

People v. Hector R.

Good Law
152 Cal. App. 3d 1146·1984 Cal. App. LEXIS 1743·200 Cal. Rptr. 110
Court of Appeal of CaliforniaMarch 13, 1984Crim. 43857California2,726 words

Opinion

Opinion

Emerson, J.

This is an appeal from a finding of the trial court that the appellant, a young 16-year-old Latino youth, came within the provisions of section 602 of the Welfare and Institutions Code in that he committed robbery in violation of section 211 of the Penal Code and was armed with a firearm, to wit: a handgun within the meaning of Penal Code section 12022, subdivision (a).

This is an appealable order and is entitled to precedence over all other cases of this court. (Welf. & Inst. Code, § 800.)

Appellant moved to suppress all tangible and intangible evidence obtained as a result of the illegal search and seizure pursuant to Welfare and Institutions Code sections 701 and 701.1. The transcript clearly shows the in tense pressure on the trial courts with too many cases and too few judicial personnel hearing same. Counsel were asked several times to expedite their questioning and argument.

There seemed to be some confusion about the motion to suppress and the case-in-chief. The court explained to the parties that the motion was usually heard first and the case was usually submitted on the same evidence to save time.

The People rested on the motion and submitted the…

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