P. v. Franklin CA3
Defendant Cassidy Adam Franklin appeals from a judgment entered after a court trial following a “slow plea” to possession of child pornography. He argues: (1) the magistrate erred in applying the good faith exception to deny his motion to suppress evidence; and (2) the trial court erred in denying his subsequent motion to suppress evidence brought under Penal Code section 1538.5, subdivision (i). He asserts these errors require reversal of the judgment and dismissal with prejudice. The People agree defendant was entitled to a section 1538.5 hearing on the merits and request remand for such hearing. We concur with the People, reverse defendant’s judgment, and remand for further proceedings consistent with this opinion.
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