People v. Sanchez (1972)

In People v. Sanchez (1972) 24 Cal.App.3d 664, the court states that ". . . in reviewing on appeal the denial of a motion under Penal Code, section 995, it is the determination of the magistrate at the preliminary hearing that is reviewed. In reviewing on appeal the denial of a renewed motion to suppress pursuant to Penal Code, section 1538.5, subdivision (i) it is the de novo determination of the superior court that is reviewed." There, the court found that although the motion to suppress pursuant to section 1538.5, subdivision (i) was correctly determined by the superior court, the magistrate erroneously ruled on the original motion to suppress. ( Id., at pp. 690-692.) The judgment was not reversed because the error was raised for the first time on appeal. The court noted that: ". . . having determined that the search warrant was valid, were we to reverse for errors and irregularities occurring in the original motion to suppress or the preliminary hearing we would be in the absurd posture of reversing for new proceedings to determine a question upon which our present decision would constitute the law of the case." ( Id., at p. 691.)