People v. Superior Court of Santa Barbara Cty.

The real party in interest was charged, in the Superior Court of Santa Barbara County, with violations of section 11530.5 of the Health and Safety Code (possession of marijuana for sale) and of section 11911 of the same code (possession of LSD for sale). He duly moved, pursuant to section 1538.5 of the Penal Code, to sup *72 press certain evidence used against him at the preliminary examination, on the ground that it was illegally obtained. The motion was made, heard and submitted. On August 13, 1968, the court made, signed and filed a Memorandum of Decision and Order, the order reading: “Defendant’s motion to suppress, filed June 10th, 1968, is granted.” Thereafter, on August 16,1968, at the request of the People (but without any further hearing so far as we are advised), the court made another order, reading as follows:

On September 16, 1968, the People filed, in this court, a document entitled “Petition for Writ of Prohibition,” reciting that “On August 13th and 16th, 1968, the Honorable W. P. Butcher, of the Superior Court of the County of Santa Barbara, made and entered an order granting defendant’s motion to suppress evidence,” and purportedly seeking a review of “the”…