McQuillan v. Appellate Dep't of the Superior Court of Santa Clara Cty.

Opinion

EMERSON, J.* Petitioners, who are charged with misdemeanors in the municipal court (real party), moved in that court for the suppression of certain evidence pursuant to Penal Code section 1538.5. The motion was granted and the People appealed to respondent appellate department on the superior court. (Pen. Code, § 1538.5, subd. (j), fourth sentence.)

[545]The appellate department filed an opinion in which it stated that it reversed the “conviction” and remanded the case to the municipal court with directions “to take additional evidence . . . and then review the same in light of the applicable cases.” In its opinion, respondent court stated: “We reemphasize we do not regard this as a reversal in substance nor on the merits; rather, the record before us does not permit an adequate basis for ruling on the questions presented.”

Petitioners seek mandamus to compel the appellate department to set aside its ruling and to affirm the order of the municipal court. We conclude that the matter is properly before us (either by mandamus or writ of review), and that the order should be annulled.

The procedure for review of a municipal court order suppressing evidence in a misdemeanor case is entirely statutory. The remedy provided is that of an appeal to the appellate department of the superior court. (Pen. Code, § 1538.5, subd. (j).) In felony cases, the People, if dissatisfied with a suppression ruling, may reopen the issue at the trial of the case, upon a showing of good cause. (Id., third sentence.) It has been held, however, that prior to trial, the court which suppressed the evidence, having once ruled, loses jurisdiction to reconsider its order. (Madril v. Superior Court (1975) 15 Cal.3d 73 [123 Cal.Rptr. 465, 539 P.2d 33].) This is true whether the ruling was in favor of the defendant or the People. (Madril, supra, at pp. 77, 78.) We see no reason why the Madril rule, that the superior court loses jurisdiction once if has rendered an order, should not be applied to municipal courts as well. This conclusion is supported by the one difference between felony and misdemeanor procedures: In a felony trial, the People may produce additional evidence at the trial, on a showing of good cause for their failure to produce it at the hearing. (Subd. (j), third sentence.) Since no comparable provision exists for misdemeanor cases, we conclude that the Legislature intended a municipal court’s suppression order to be final as to the People, even if they have additional evidence they wish to produce at trial which they were unable to produce at the hearing. This conclusion is consistent with the rule that a court may not reconsider its original suppression order.