People v. Dethloff
California Court of Appeal
1Opinion of the Court
Opinion
TAYLOR, J. *
The People appeal from the superior court’s denial of their motion to reinstate a complaint, made pursuant to Penal Code section 871.5. The magistrate had dismissed the complaint after granting the motion to suppress evidence made by defendant/respondent Jeffrey L. Dethloff (respondent).
Because we conclude that the People’s section 871.5 motion was untimely and, consequently, that the superior court was without jurisdiction to consider the matter, we dismiss this appeal.
Factual and Procedural Background
On December 5, 1990, pursuant to a felony complaint, respondent was…
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