California Court of Appeal June 24, 1992, B061114 (People v. Kirk)

Opinion

HINZ, J.

Introduction

Following a pretrial ruling to strike a prior conviction alleged against the defendant as constitutionally invalid, the People seek to appeal this ruling before a judgment of conviction. We find that the People may appeal the order, but remand the case to the appellate department of the superior court for review of the inferior court’s ruling.