Saucedo

People v. Saucedo

Good Law
117 Cal. Rptr. 239·1974 Cal. App. LEXIS 1277·42 Cal. App. 3d 905
Court of Appeal of CaliforniaOctober 18, 1974Crim. No. 6469California406 words

Opinion

Lead Opinion

Defendant pleaded guilty to possession of heroin for sale in violation of Health and Safety Code section 11500.5 and was sentenced to state prison for the term prescribed by law.

Challenging the validity of a search and seizure, defendant contends the search warrant in the instant case was invalid because undated and that the affidavit in support of the search warrant was insufficient.

*907 These identical issues were previously submitted to this court for resolution in People v. Superior Court (Saucedo) (4 Civ. 13243) and resolved on the merits against defendant’s position. While a summary denial of an application for pretrial writ review does not operate as the law of the case (People v. Peterson, 9 Cal.3d 717, 720, fn. 3 [ 108 Cal.Rptr. 835 , 511 P.2d 1187 ]; People v. Medina, 6 Cal.3d 484, 492 [ 99 Cal.Rptr. 630 , 492 P.2d 686 ]; People v. Conley, 21 Cal.App.3d 894, 898 [ 98 Cal.Rptr. 869 ]; People v. Werber, 19 Cal.App.3d 598, 602 [ 97 Cal.Rptr. 150 ]), a written opinion of the court demonstrating full consideration of the issue on its merits does invoke the doctrine of the law of the case. (People v. Medina, supra; People v. Conley, supra; People v. Werber,…

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