Caserta

The People appeal an order dismissing their action against Daniel Phillip Caserta under Penal Code section 1385 after the court sustained Caserta’s motion to suppress evidence (Pen. Code, § 1538.5).

Daniel and his wife, Sharon Ann Caserta, were jointly charged by information with possessing marijuana (Health & Saf. Code, § 11530), possessing marijuana for sale (Health & Saf. Code, § 11530.5), maintaining a place for sale of marijuana (Health & Saf. Code, § 11557) and possessing restricted dangerous drugs for sale (Health & Saf. Code, § 11911). Daniel and Sharon both successfully moved to set aside the information. The People appealed and this court reversed the order setting aside the information, in an unpublished decision (4 Crim. No. 3507).

Sharon moved to suppress evidence claiming an illegal search (Pen. Code, § 1538.5) and her motion was denied. Apparently Daniel had not been apprehended following reversal of the order setting aside the information and he was not a party to Sharon’s suppression motion. Sharon was convicted and appealed, raising the search and seizure question.

The authorities apparently apprehended Daniel and he filed his separate motion to…