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Name: People v. Sherwin
Case #: C030485
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/15/2000
Subsequent History: None

Where the superior court granted a 1538.5 motion, but did not dismiss the matter, the defendant’s dismissal remedy in this Cartwright Act prosecution was to make a Penal Code section 995 motion. The superior court could then review the sufficiency of the indictment in light of its earlier ruling on the suppression motion. Although prior 995 motions had been brought by defendants, the intervening granting of the 1538.5 motion suppressing much of the evidence was a sufficient change in circumstances to warrant renewal of the 995 motions.