Opinion
S267522
07-26-2023
PEOPLE v. FLORES (MARLON)
B305359 Second Appellate District, Div. 8
Briefing ordered in previously Held case
The parties are directed to brief the following issue: Was defendant's detention supported by reasonable suspicion that he was engaged in criminal activity?
Defendant Marlon Flores is directed to serve and file an opening brief within 30 days of the date of this order. (Cal. Rules of Court, rule 8.520(a)(1).)
Pending review, the opinion of the Court of Appeal, which is currently published at 60 Cal.App.5th 978, may be cited, not only for its persuasive value, but also for the limited purpose of establishing the existence of a conflict in authority that would in turn allow trial courts to exercise discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456, to choose between sides of any such conflict. (See Standing Order Exercising Authority Under California Rules of Court , Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; Cal. Rules of Court, rule 8.1115(e)(3) and corresponding Comment, par. 2.)