JAHANSSON

I. INTRODUCTION

Defendant Raelene Elvera Jahansson was charged by information with one felony, possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)), and two misdemeanors, using or being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a)) and possession of a hypodermic needle or syringe (Bus. & Prof. Code, § 4140). The trial court subsequently granted defendant’s motion to suppress evidence pursuant to Penal Code section 1538.5. The People challenged the trial court’s order by filing a petition for writ of mandate in this court. After the writ petition was summarily denied, the People advised the trial court that they were unable to proceed due to the suppression of the evidence. The trial court then dismissed the case under section 1385.

In the published portion of the opinion, we determine that the People’s appeal is not barred by their prior petition for a writ of mandate. In the unpublished portion of the opinion, following the direction of People v. Glaser (1995) 11 Cal.4th 354 [ 45 Cal.Rptr.2d 425 , 902 P.2d 729 ], we conclude that under the circumstances of this case, the defendant’s initial detention outside…