Allison

The People through a petition for writ of mandate challenge a trial court’s order suppressing evidence seized during a parole search pursuant to Penal Code section 1538.5. The Court of Appeal summarily denies the petition. May the People later appeal the trial court’s order? Yes. Here, the People may appeal an order dismissing an information following the suppression of evidence used against defendant Charles Allison.

Discussion

I.

The people first challenged the trial court’s order suppressing evidence through a petition for writ of mandate. We denied that petition by minute order. Allison contends that subdivision (j) of section 1538.5 and People v. Carrington (1974) 40 Cal.App.3d 647 [ 115 Cal.Rptr. 294 ], permit the People to review an order suppressing evidence either by extraordinary writ or appeal, but not both. The People’s election to contest the suppression order by writ of mandate, he asserts, precludes their appeal of the order. We disagree and decide that the earlier determination does not prevent this appeal.

Subdivision (j) of section 1538.5 provides in part that “[i]f the people prosecute review by appeal or writ to decision, or any review thereof, in…