Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial?

California, United States of America

The following excerpt is from People v. Jackson, 10 Cal.Rptr.2d 5, 7 Cal.App.4th 1367 (Cal. App. 1992):

3 Although the motion was untimely ( 1538.5, subd. (i)), the deputy district attorney acquiesced in having the motion heard during, rather than prior to, trial. We disapprove this practice, which thwarts one of the statute's purposes (People v. Brooks (1980) 26 Cal.3d 471, 475-476, 162 Cal.Rptr. 177, 605 P.2d 1306) and misuses judicial resources.

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