Solano v. Superior Court

Opinion

FYBEL, J.

Introduction

A felony complaint was filed directly in the criminal court against petitioner Raul Hernandez Solano, a minor, pursuant to Welfare and Institutions Code section 707, subdivision (d)(2). Following a preliminary hearing, the magistrate did not hold petitioner to answer for any crime that would permit direct filing in the criminal court under that section. The district attorney then filed an information charging the same crimes alleged in the complaint to challenge the magistrate’s probable cause findings. Petitioner moved to dismiss the information. (Pen. Code, §…