Weighand

This petition seeks to prevent rehearing of an appeal decided by the Appellate Department of the Santa Clara County Superior Court. We conclude that the grant of rehearing was untimely and issue writ of prohibition to restrain further proceedings on rehearing.

After denial of his motion to suppress evidence in the municipal court, petitioner appealed to the appellate department (Pen. Code, § 1538.5, subd. (j)). On March 20, 1980, that court filed its opinion reversing the municipal court ruling.

California Rules of Court, rule 107(a), provides that the appellate department may vacate its judgment and order a rehearing “[a]t any time before a judgment...becomes final.” Rule 107(b) provides: “Unless a rehearing shall be so ordered, every judgment of an appellate department shall become final... (2) If one or more petitions for a re *631 hearing shall have been filed... then upon the expiration of 30 days after such judgment shall have been pronounced, if such rehearing shall not meanwhile have been granted, or upon the denial of all such petitions if all shall be sooner denied.”

Following judgment, the People petitioned for rehearing or, in the alternative, certification…