People v. Van Luu
California Court of Appeal
1Opinion of the Court
Opinion
CAPACCIOLI, J.
Defendant Hein Van Luu was charged in an information with assault with a firearm. The superior court granted his motion to dismiss. (Pen. Code, § 995.) The People appeal from the order. (§ 1238, subd. (a)(1).) Defendant claimed in his motion that the magistrate denied him substantial rights at his preliminary examination by violating the 10-day rule set forth in section 859b and by negating opportunities to learn the address of the victim. We conclude that defendant was not denied a substantial right and therefore reverse.
Standard of Review
“It is settled that denial of a…
2Cases cited7 opinions
- People v. WilsonCalifornia Supreme Court · 1963
- People v. Pompa-OrtizCalifornia Supreme Court · 1980
- Bowland v. Municipal CourtCalifornia Supreme Court · 1976
- Serrato v. Superior CourtCalifornia Court of Appeal · 1978
- People v. MacKeyCalifornia Court of Appeal · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. StandishCalifornia Supreme Court · 2006
- Ramos v. Superior CourtCalifornia Court of Appeal · 2007
- People v. LoveCalifornia Court of Appeal · 2005
- People v. HendersonCalifornia Court of Appeal · 2004
- People v. FigueroaCalifornia Court of Appeal · 2017
3 more not listed; retrieve them via the Exa API.