Cox

Cox v. SUPERIOR COURT OF SHASTA CTY.

Good Law
19 Cal. App. 4th 1046·1993 Cal. App. LEXIS 1112·23 Cal. Rptr. 2d 751·93 Daily Journal DAR 13606·93 Cal. Daily Op. Serv. 8282
Court of Appeal of CaliforniaOctober 26, 1993C016269California2,617 words

Opinion

Opinion

Sparks, J.

Petitioner Kenneth Dean Cox, a defendant in a criminal prosecution below, contends he was illegally committed because the magistrate, relying on local court rules, refused to let him move for suppression of evidence at the preliminary hearing on the ground the motion was untimely under local rules. We shall hold that the relevant portions of the local rules are invalid because they conflict with state law and that the information must be dismissed for denial of a substantial right.

Procedural History

On May 20, 1993, Cox appeared for preliminary hearing on charges of possession of a controlled substance, sale or transportation of a controlled substance and possession for sale of a controlled substance. At the outset of the hearing, the prosecution called to the stand the investigating officer who began to testify about a traffic stop of a car driven by Cox. Defense counsel interrupted this testimony to inform the magistrate that Cox intended to move to suppress evidence obtained as a result of the traffic stop under Penal Code section 1538.5 (further undesignated statutory references are to this code).

The prosecutor objected to the suppression motion on the ground Cox…

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