Scott

WOODS (Fred), J.

Convicted by jury of armed robbery (Pen. Code, [1] §§ 211, 12022.5) appellant contends the trial court erred in denying his suppression motion (§ 1538.5) and in admitting his misdemeanor conviction for impeachment purposes. We find no error and affirm the judgment.

It is customary to now inform the reader of the "Facts and Proceedings Below," that is, to provide a summary of the trial evidence and perhaps a procedural chronology. This summary and chronology enable the reader to know "what happened," to become oriented, and to have a focus for the issues to be discussed.

Because we depart from this custom an explanation is in order.

Here, the dispositive issue has nothing to do with trial evidence. What we review is a ruling made before trial. To best review this ruling, we put aside the trial record and place ourselves in the position of the judge hearing the pretrial motion. As appellant correctly observes, "the only factual material properly before this court ... [is the 14-page] record of the section 1538.5 hearing...." (See, e.g., People v. Moreno (1992) 2 Cal. App.4th 577, 580 [ 3 Cal. Rptr.2d 66 ].)

Apart from this "14-page record" of the…

Convicted by jury of armed robbery (Pen. Code, 1 §§211, 12022.5) appellant contends the trial court erred in denying his suppression motion (§ 1538.5) and in admitting his misdemeanor conviction for impeachment purposes. We find no error and affirm the judgment.

Introduction

It is customary to now inform the reader of the “Facts and Proceedings Below,” that is, to provide a summary of the trial evidence and perhaps a procedural chronology. This summary and chronology enable the reader to know “what happened,” to become oriented, and to have a focus for the issues to be discussed.

Because we depart from this custom an explanation is in order.

Here, the dispositive issue has nothing to do with trial evidence. What we review is a ruling made before trial. To best review this ruling, we put aside the trial record and place ourselves in the position of the judge hearing the pretrial motion. As appellant correctly observes, “the only factual material properly before this court... [is the 14-page] record of the section 1538.5 hearing . . . .” (See, e.g., People v. Moreno (1992) 2 Cal.App.4th 577, 580 [ 3 Cal.Rptr.2d 66 ].)

*408 Apart from this “14-page record” of the…

I respectfully dissent.

The majority hold appellant waived his right to contest the legality of the officer’s warrantless entry into the apartment by failing to object to the trial court’s failure to consider the legality of the arrest when ruling on the motion. There are several flaws with the majority’s attempt to dispose of this case on that basis.

First, the issue of appellant’s possible waiver of a valid ground on which to grant the suppression motion was not raised in the parties’ briefs nor *412 relied on by the People in this case. An appellate court may not decide a case based on an issue neither proposed nor briefed by any party without allowing them an opportunity for supplemental briefing. (Gov. Code, § 68081.) Because the parties were not given such opportunity in this case, the majority’s disposition of this appeal deprives the parties of their rights of notice and an opportunity to be heard.

Second, the People did not suggest the trial court’s error was waived on appeal because they apparently recognized no further objection was required of appellant. In their brief on appeal the People acknowledge the legality of the arrest was put in issue in appellant’s motion…