Chapter 2. Pretrial Review of California Penal Code >> Title 12. >> Part 2. >> Chapter 2.
The denial of a motion made pursuant to Section 995 or 1538.5
may be reviewed prior to trial only if the motion was made by the
defendant in the trial court not later than 45 days following
defendant's arraignment on the complaint if a misdemeanor, or 60 days
following defendant's arraignment on the information or indictment
if a felony, unless within these time limits the defendant was
unaware of the issue or had no opportunity to raise the issue.
If in a felony case the superior court sets the trial beyond
the period of time specified in Section 1049.5, in violation of
Section 1049.5, or continues the hearing of any matter without good
cause, and good cause is required by law for such a continuance,
either party may file a petition for writ of mandate or prohibition
in the court of appeal seeking immediate appellate review of the
ruling setting the trial or granting the continuance. Such a petition
shall have precedence over all other cases in the court to which the
petition is assigned, including, but not limited to, cases that
originated in the juvenile court. If the court of appeal grants a
peremptory writ, it shall issue the writ and a remittitur three court
days after its decision becomes final as to that court if such
action is necessary to prevent mootness or to prevent frustration of
the relief granted, notwithstanding the right of the parties to file
a petition for review in the Supreme Court. When the court of appeal
issues the writ and remittitur as provided herein, the writ shall
command the superior court to proceed with the criminal case without
further delay, other than that reasonbly necessary for the parties to
obtain the attendance of their witnesses.
The Supreme Court may stay or recall the issuance of the writ and
remittitur. The Supreme Court's failure to stay or recall the
issuance of the writ and remittitur shall not deprive the respondent
or the real party in interest of its right to file a petition for
review in the Supreme Court.
(a) In addition to petitions for a writ of mandate,
prohibition, or review which the people are authorized to file
pursuant to any other statute or pursuant to any court decision, the
people may also seek review of an order granting a defendant's motion
for severance or discovery by a petition for a writ of mandate or
(b) In construing the legislative intent of subdivision (a), no
inference shall be drawn from the amendment to Assembly Bill 1052 of
the 1989-90 Regular Session of the Legislature which deleted
reference to the case of People v. Superior Court, 69 Cal. 2d 491.