Gallegos

We, herein, find constitutional those provisions of Penal Code section 1538.5 which permit the prosecution, following the grant of a motion to suppress evidence first made in the superior court, to dismiss the case, refile the charges and oppose a subsequent superior court suppression motion without binding effect of the first ruling.

Statement of the Case

Following refiling of charges and waiver of a preliminary hearing, appellant George Llanes Gallegos was charged by information No. 63928, filed in the Kern County Superior Court on September 20, 1995, with transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a); count I), transportation of cocaine (Health & Saf. Code, § 11352; count II), possession of methamphetamine for sale (Health & Saf. Code, § 11378; count III), possession of cocaine for sale (Health & Saf. Code, § 11351; count IV), and misdemeanor attempted destruction of evidence (Pen. Code, §§ 135, 664; count V). Counts I through IV each alleged that appellant had suffered two prior narcotics felony convictions within the meaning of Health and Safety Code section 11370.2, subdivision (c), and he had served a prior prison term within the…