P. v. Johnson 8/15/03 CA1/2

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: A098085

Case Date: 08/15/2003

Preview:Filed 8/15/03

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Appellant, v. JOHN MEDLEY JOHNSON, Defendant and Respondent. A098085 (Contra Costa County Super. Ct. No. 011050-2)

The question presented by this appeal is whether the prosecution can satisfy its burden of proof at a suppression hearing by presenting the investigating officer's affidavit in lieu of live testimony. The trial court answered in the negative, granted the defendant's motion to suppress and, when the prosecutor represented he was unable to proceed, dismissed the case. The People appeal. We reverse. STATEMENT OF THE CASE Respondent, John Medley Johnson, was charged by information filed on July 3, 2001, with first degree residential burglary (Pen. Code,

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