California, United States of America
The following excerpt is from People v. Clahr, A145419 (Cal. App. 2016):
3. Section 1538.5, subdivision (g) provides in part, "If the property or evidence relates to a misdemeanor complaint, the motion shall be made before trial and heard prior to trial at a special hearing relating to the validity of the search or seizure." (See Chivers v. Municipal Court (1976) 59 Cal.App.3d 929, 933 [after felony charges were reduced to misdemeanors, two defendants were entitled to a special hearing on their motion to suppress under section 1538.5, subdivision (g), even though the issue had been litigated in a prior motion to suppress at a preliminary hearing when the defendants were charged with felony offenses].)
4. We have appellate jurisdiction even though the only felony charge was reduced to a misdemeanor under Proposition 47. (People v. Lynall (2015) 233 Cal.App.4th 1102, 1105.)
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