What is the effect of Proposition 8 on a motion to overturn a finding of not guilty?

The record reflects that the trial court based its ruling at least in part on the applicability of Proposition 8 (Cal. Const., art. 1, 28). Because the crime with which appellant was charged occurred prior to the June 9, 1982, effective date of Proposition 8, it does not apply to the case at bench. (People v. Smith (1983) 34 Cal.3d 251, 258, 193 Cal.Rptr. 692, 667 P.2d 149.) The trial court therefore erred in ruling to the contrary.

Respondent understandably relies on pre-Proposition 8 law to support the trial court's denial of defendant's 1538.5 motion.

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