Ruling by
William S. DatoLower Court
San Diego County Superior CourtLower Court Judge
Peter W. SingerIn ordinary infraction case, prosecution is not required to oppose motion to suppress by filing opposition brief or appearing at suppression hearing.
Court
California Courts of Appeal 4DCA/1Cite as
2020 DJDAR 7137Published
Jul. 10, 2020Filing Date
Jul. 8, 2020Opinion Type
ModificationDisposition Type
Reversed and RemandedTHE PEOPLE,
Plaintiff and Appellant,
v.
LULA SOPHIA GONG COTSIRILOS et al.,
Defendants and Respondents.
No. D076870
(Super. Ct. No. 18T312047C,
18T125881C)
California Courts of Appeal
Fourth Appellate District
Division One
Filed July 8, 2020
THE COURT:
It is ordered that the opinion filed June 19, 2020 be modified as follows:
On page 7, the last sentence of footnote 3 after "challenge raised by," delete the word "appellants" and insert the word "respondents" so the sentence reads:
On this record, the only plausible challenge raised by respondents is the broader one---whether a prosecuting attorney's appearance or response to a suppression motion is required as a rule in all infraction cases.
Respondents' petition for rehearing is denied.
There is no change in judgment.
BENKE, Acting P. J.
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