People v. Lingo, Cr. 16728
| Court | California Court of Appeals |
| Writing for the Court | KINGSLEY; FILES, P.J., and DUNN |
| Citation | 83 Cal.Rptr. 755,3 Cal.App.3d 661 |
| Docket Number | Cr. 16728 |
| Decision Date | 20 January 1970 |
| Parties | The PEOPLE, Plaintiff and Appellant, v. Robert Steven LINGO, Defendant and Respondent. |
Page 755
v.
Robert Steven LINGO, Defendant and Respondent.
Hearing Denied March 19, 1970.
Page 756
[3 Cal.App.3d 662] Thomas C. Lynch, Atty. Gen., William E. James, Asst. Atty. Gen., Evelle J. Younger, Dist. Atty., Los Angeles County, Harry Wood, Head, Appellate Div., and Robert J. Lord, Deputy Dist. Atty., for plaintiff and appellant.
Richard S. Buckley, Public Defender, Los Angeles County, Harold E. Shabo and James L. McCormick, Deputy Public Defenders, for defendant and respondent.
KINGSLEY, Associate Justice.
This is an appeal by the People, pursuant to subdivision 7 of section 1238 of the Penal Code, 1 from an order of the Superior Court made under subdivision (l) of section 1538.5 and section 1385, dismissing [3 Cal.App.3d 663] a criminal prosecution after the court had granted a motion by defendant, made under section 1538.5, to suppress certain evidence.
It was conceded in the trial court that, if the motion to suppress was properly granted, the People had insufficient evidence to sustain a conviction.
Defendant argues that the People may not, on this appeal from an order of dismissal, secure a review of the suppression order, the argument being that the sole remedy for review of a suppression order is a petition for a writ of prohibition or mandate pursuant to subdivision (o) of section 1538.5. In making that contention, defendant relies on the decision in People v. Sheahan (1969) 274 A.C.A. 441, 79 Cal.Rptr. 299, 79 Cal.Rptr. 299. But a rehearing has been granted in Sheahan, and its theory was expressly rejected in People v. Foster (1969) 274 Cal.App.2d ---, 79 Cal.Rptr. 397. A We agree with the result of the Foster case.
Defendant was a passenger in an automobile driven by Larry Morley. Police officers stopped the car for an equipment violation (no rear license plate). Both the driver and defendant alighted from the car. 2 The officers made a pat down search for weapons, which disclosed nothing. The driver had an expired driver's license; defendant, questioned about ownership, produced a registration from Colorado in another person's name and stated that he was the owner and in the process of securing a transfer of the title documents. One officer saw a phonograph and a portable radio in the car. Suspecting a possible criminal origin of these objects, one officer...
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People v. Kraft, No. S013187.
...159 Cal.Rptr. 191, 601 P.2d 207, Williams v. Superior Court (1985) 168 Cal.App.3d 349, 213 Cal. Rptr. 919, and People v. Lingo (1970) 3 Cal.App.3d 661, 83 Cal.Rptr. 755, in which courts invalidated arrests made after unduly prolonged detentions, are therefore inapposite. Consequently, the t......
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People v. McGaughran, Cr. 20293
...Cal.App.3d 839, 848, 136 Cal.Rptr. 283; People v. Grace (1973) supra, 32 Cal.App.3d 447, 452, 108 Cal.Rptr. 66; People v. Lingo (1970) 3 Cal.App.3d 661, 663-664, 83 Cal.Rptr. Performance of these duties, however, must not be used as a subterfuge to give the officer time and opportunity to r......
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People v. Belleci, Cr. 17112
...Cal.Rptr. 838; People v. Grace, supra; Pendergraft v. Superior Court (1971) 15 Cal.App.3d 237, 93 Cal.Rptr. 155; People v. Lingo (1970) 3 Cal.App.3d 661, 83 Cal.Rptr. 755; Willett v. Superior Court, In this case the arresting officer had realized, prior to the time he approached appellant's......
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United States v. Mallides, No. 72-1898.
...concepts. E. g., People v. Superior Court of Yolo County (1970) 3 Cal.3d 807, 91 Cal.Rptr. 729, 478 P.2d 449; People v. Lingo (1970) 3 Cal.App. 3d 661, 83 Cal.Rptr. 755; People v. Franklin (1968) 261 Cal.App.2d 703, 68 Cal.Rptr. 231; People v. Henze (1967) 253 Cal.App.2d 986, 61 Cal.Rptr. 3......
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People v. Kraft, No. S013187.
...159 Cal.Rptr. 191, 601 P.2d 207, Williams v. Superior Court (1985) 168 Cal.App.3d 349, 213 Cal. Rptr. 919, and People v. Lingo (1970) 3 Cal.App.3d 661, 83 Cal.Rptr. 755, in which courts invalidated arrests made after unduly prolonged detentions, are therefore inapposite. Consequently, the t......
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People v. McGaughran, Cr. 20293
...Cal.App.3d 839, 848, 136 Cal.Rptr. 283; People v. Grace (1973) supra, 32 Cal.App.3d 447, 452, 108 Cal.Rptr. 66; People v. Lingo (1970) 3 Cal.App.3d 661, 663-664, 83 Cal.Rptr. Performance of these duties, however, must not be used as a subterfuge to give the officer time and opportunity to r......
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People v. Belleci, Cr. 17112
...Cal.Rptr. 838; People v. Grace, supra; Pendergraft v. Superior Court (1971) 15 Cal.App.3d 237, 93 Cal.Rptr. 155; People v. Lingo (1970) 3 Cal.App.3d 661, 83 Cal.Rptr. 755; Willett v. Superior Court, In this case the arresting officer had realized, prior to the time he approached appellant's......
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United States v. Mallides, No. 72-1898.
...concepts. E. g., People v. Superior Court of Yolo County (1970) 3 Cal.3d 807, 91 Cal.Rptr. 729, 478 P.2d 449; People v. Lingo (1970) 3 Cal.App. 3d 661, 83 Cal.Rptr. 755; People v. Franklin (1968) 261 Cal.App.2d 703, 68 Cal.Rptr. 231; People v. Henze (1967) 253 Cal.App.2d 986, 61 Cal.Rptr. 3......