Glenn

Here we hold that Penal Code section 1538.5, subdivision (j) gives the People the right to relitigate a suppression motion a second time whether or not the first suppression motion was granted at a preliminary hearing or in the superior court.

Jeffrey M. Glenn (Glenn) appeals from the judgment entered following a jury trial in which he was convicted of possessing cocaine. (Health & Saf. Code, § 11350, subd. (a).) Glenn contends that the People were barred under section 1538.5, subdivision (d) from relitigating a suppression motion they had lost in superior court in a prior action dismissed on the People’s motion pursuant to section 1385. [[/]]

The Prior Action (No. CR35316)

The People originally filed a felony complaint (No. CR35316) on October 27, 1994, against Glenn in Ventura County Municipal Court for possession of cocaine. (Health & Saf. Code, § 11350, subd. (a).) Glenn was held to answer at a preliminary hearing before Magistrate O’Neill.

Glenn, thereafter, brought a motion in superior court before Judge McGrath to have the cocaine suppressed, (§ 1538.5.) This was the first suppression motion. Judge McGrath granted it. The People moved to dismiss the case…