People v. Guerra
Annotate this CaseAfter defendant was charged with three misdemeanors, his motion to suppress evidence under Penal Code section 1538.5, subdivision (a)(1), was granted. The People appealed. The appellate division summarily reversed the trial court’s ruling in a minute order and defendant then filed an application to certify the matter for transfer to the appellate court, pursuant to the California Rules of Court, rule 8.1005(b). The application was denied by operation of law under rule 8.1005(b)(5) and defendant filed a petition to transfer to this court under rule 8.1006(a). Defendant's petition was granted. The court found that the People had the right to appeal the trial court’s ruling on defendant’s motion to suppress pursuant to section 1538.5, subdivision (j). In an issue of first impression, the court found that (1) the appellate division was required by Code of Civil Procedure section 77, subdivision (d), to issue a brief statement of the reasons for its judgment and (2) this statutory requirement does not conflict with rule 8.887(a), which relieves appellate divisions from having to issue written opinions. Given these findings, the court remanded to the appellate division to issue an amended order that complies with Code of Civil Procedure section 77, subdivision (d). In light of this disposition, the court did not reach the remaining issues related to the motion to suppress.
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