Torres

I dissent only from part I of the majority opinion, which concludes that the doctrine of collateral estoppel does not require the San Mateo Superior Court to honor the suppression ruling in Los Angeles even though the traditional prerequisites for the application of the doctrine have all been met.

The facts of the instant case are, in my view, easily distinguishable from those of People v. Gephart (1979) 93 Cal.App.3d 989 [ 156 Cal.Rptr. 489 ] and other cases the majority opinion relies upon. In my view, the majority has unjustifiably expanded the holding in Gephart . This not only conflicts with the observation of another division of this court that Gephart “is patently limited by its highly unusual facts” (Derrick J. v. Superior Court (1983) 146 Cal.App.3d 748, 753 [ 194 Cal.Rptr. 348 ]), but significantly *1336 undermines the statutory bar on the use of suppressed evidence. (Pen. Code, § 1538.5, subd. (d).)

The Gephart court refused to give binding effect in Siskiyou County to the earlier suppression ruling in Stanislaus County because to do so “could prevent prosecution in a different county on unrelated charges where entirely different policy reasons may exist for…

*1327 Opinion

After their motion to suppress evidence and traverse a search warrant executed at their residence was denied, defendants and appellants Jose and Betzabe Torres withdrew their not guilty pleas to a host of criminal charges against them. Jose pleaded nolo contendere to manufacture of base cocaine (Health & Saf. Code, § 11379.6) and possession of a silencer (Pen. Code, § 12520), admitting certain enhancements. His wife, Betzabe, pleaded guilty to being an accessory to possession of cocaine (Pen. Code, § 32; Health & Saf. Code, § 11351). Jose was sentenced to an aggregate term of eight years in state prison. Betzabe received two years probation, including three hundred sixty days in the county jail. They appeal, availing themselves of the provisions of Penal Code section 1538.5, subdivision (m).

The primary issue confronting us is whether the San Mateo Superior Court judge erred in failing to accord collateral estoppel effect to a suppression order issued by a Los Angeles Superior Court judge on different charges, which were ultimately dismissed. We will hold that the San Mateo court was not bound by the Los Angeles ruling, but will remand the case for further…

After their motion to suppress evidence and traverse a search warrant executed at their residence was denied, defendants and appellants Jose and Betzabe Torres withdrew their not guilty pleas to a host of criminal charges against them. Jose pleaded nolo contendere to manufacture of base cocaine (Health & Saf. Code, § 11379.6) and possession of a silencer (Pen. Code, § 12520), admitting certain enhancements. His wife, Betzabe, pleaded guilty to being an accessory to possession of cocaine (Pen. Code, § 32; Health & Saf. Code, § 11351). Jose was sentenced to an aggregate term of eight years in state prison. Betzabe received two years probation, including three hundred sixty days in the county jail. They appeal, availing themselves of the provisions of Penal Code section 1538.5, subdivision (m). [1]

The primary issue confronting us is whether the San Mateo Superior Court judge erred in failing to accord collateral estoppel effect to a suppression order issued by a Los Angeles Superior Court judge on different charges, which were ultimately dismissed. We will hold that the San Mateo court was not bound by the Los Angeles ruling, but will remand the case for further…