Lyon

People v. Lyon

Good Law
129 Cal. Rptr. 759·1976 Cal. App. LEXIS 1551·58 Cal. App. 3d 86
Court of Appeal of CaliforniaMay 7, 1976Crim. No. 28562California684 words

Opinion

Lead Opinion

Beach, J.

*88 Opinion

Appellant Robert William Lyon was charged in the municipal court with various misdemeanor offenses. On September 10, 1975, a hearing was held on petitioner’s motion to suppress evidence pursuant to Penal Code section 1538.5. The court took the motion under submission and on October 16, 1975, entered the following minute order: “Motion to suppress is granted. Court finds there was probable cause for arrest. Good cause appearing therefore [sic]: it is the order of the Court that this matter be, and hereby is, Dismissed in the interest of justice.”

Appellant filed a notice of appeal from the “finding” that probable cause existed for his arrest. The People subsequently moved to dismiss the appeal. The appellate department of the superior court denied the motion in a written order, which was certified for publication. Thereafter, on our own motion, and pursuant to rule 62(a) of the California Rules of Court, we ordered the cause transferred to this court.

California Penal Code section 1466 provides that a defendant may appeal from a judgment or order of an inferior court, in a criminal case, to the superior court of the county in which such inferior court is located, in…

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