People v. Superior Court of L.A. Cty.

Torres and Magallon were charged as codefendants with two counts of robbery. (Pen. Code, § 211.) In case No. 28699 the People have appealed (Pen. Code, § 1238, subd. (a)) from the order granting Magallon’s motion to dismiss (Pen. Code, § 995); in case No. 49080 they have petitioned for a writ of mandate (Pen. Code, § 1538.5, subd. (o)) to overturn the order granting Torres’ motion to suppress evidence. The motion to suppress was submitted on the preliminary hearing transcript, thus the facts in both of the matters before us are identical, although the standards for reviewing the trial court’s actions differ. (People v. Superior Court, 3 Cal.App.3d 476, 488 [ 83 Cal.Rptr. 771 ]; People v. Reynolds, 276 Cal.App.2d 825 [ 84 Cal.Rptr. 331 ].)

Audrey Sheedy and Glenda Foster testified that they were walking together on 6th Street in Los Angeles about 10:20 p.m., February 11, 1976, when their purses were snatched by two males of Latin descent. Both witnesses identified Torres as one of their assailants. They had previously identified him in a lineup the day after they were robbed. Neither could identify Magallon at the lineup or at the preliminaiy hearing. Sheedy identified…