Adams v. Superior Court

Opinion

ELKINGTON, J.

We have issued alternative writs of prohibition and mandate in order to consider the jurisdiction of the superior court to

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hear and determine an appeal by the People from a municipal court order suppressing evidence before trial of a misdemeanor case, under Penal Code section 1538.5.

Section 1538.5, subdivision (j), as relevant here, provides:

“. . . If the property or evidence seized relates solely to a misdemeanor complaint, and the defendant made a motion for the return of property or the suppression of evidence in the municipal court or justice court prior to trial, both the people and defendant shall have the right to appeal any decision of that court relating to that motion to the superior court of the county in which such inferior court is located, in accordance with the California Rules of Court provisions governing appeals from municipal and justice courts in criminal cases. . . .”

Petitioner points out that the California Rules of Court, rule 181, provides: “Those cases in which an appeal may be taken from a judgment or order of a municipal or other inferior court in a criminal case are set forth in

section 1466 of the Penal Code."

(Italics added.)

He argues that since Penal Code section 1466

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does not expressly allow an appeal by the People from a section 1538.5 municipal court order suppressing evidence, such an appeal, by virtue of rule 181, does not lie. It follows, he continues, that in hearing and determining such an appeal the superior court acted without jurisdiction.

We have concluded that the contention is wholly without merit.

It is fundamental that in the interpretation of a statute the intent of the Legislature should be sought, and when found, applied. (Code Civ. Proc., § 1859;

People