People v. Lewis

71 Cal.App.3d 817 (1977) 139 Cal. Rptr. 673 THE PEOPLE, Plaintiff and Respondent, BONNIE LYNN LEWIS, Defendant and Appellant.

Docket No. 30180. Court of Appeals of California, Second District, Division Five.

July 19, 1977. [819] COUNSEL

Sandra S. Sawyer for Defendant and Appellant.

John K. Van de Kamp, District Attorney, Donald J. Kaplan and Sterling S. Suga, Deputy District Attorneys, for Plaintiff and Respondent.

OPINION

ASHBY, J.

Defendant, following a jury trial, was convicted in municipal court of two counts of receiving stolen property (Pen. Code, § 496), and was sentenced to serve ninety days in county jail. She appealed from the judgment. We ordered the matter transferred to this court upon certification by the Appellate Department of the Los Angeles Superior Court that transfer was necessary to settle important questions of law. (Rule 63, Cal. Rules of Court.)

The record on appeal includes an engrossed statement of facts which was certified correct by the trial court. The pertinent facts contained therein are these: Defendant entered a plea of not guilty in the Beverly Hills Municipal Court on May 27, 1976, at which time her counsel, a deputy public defender, indicated to the court that he wished the matter set for a pretrial hearing and motion to suppress (Pen. Code, § 1538.5) [820] on June 18, 1976. No formal notice of the motion to suppress was given to the district attorney or the court prior to June 18, 1976.

Since October 15, 1973, the Beverly Hills Municipal Court has had written rules in effect governing motions under section 1538.5 in misdemeanor cases which require that such motions must be in writing and must be served on the district attorney at least 10 days prior to the hearing; that the grounds for the motion be stated with particularity; that if counsel desires the seized evidence to be produced at the hearing that the motion contain a demand therefor; and that at the time of arraignment and prior to pretrial counsel should indicate to the court his intention to file a section 1538.5 motion and secure from the court a date and time for a hearing.