California School Employees Association v. Sequoia Union High School District

Defendant was charged, in three counts, with illegal possession of marijuana and of dangerous drugs. He duly moved, pursuant to section 1538.5 of the Penal Code, to suppress evidence offered against him at the preliminary examination and, pursuant to section 995 of that code, to dismiss the information. The trial court granted both motions. The People have appealed from the order under section 995 and sought a writ of mandate to vacate the order of suppression. Because of the procedural issue hereinafter discussed, we consolidated the two matters and withheld action on the petition for mandate so that it could be considered in connection with the appeal. For reasons set forth below, we reverse the order of dismissal with directions and dismiss the petition for a writ of mandate.