Legal Opinion

People v. Van Luu

California Court of Appeal

Decided March 31, 1989No. H0003827PublishedCited by 8 opinions

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

  1. People v. WilsonCalifornia Supreme Court · 1963
  2. People v. Pompa-OrtizCalifornia Supreme Court · 1980
  3. Bowland v. Municipal CourtCalifornia Supreme Court · 1976
  4. Serrato v. Superior CourtCalifornia Court of Appeal · 1978
  5. People v. MacKeyCalifornia Court of Appeal · 1985

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. StandishCalifornia Supreme Court · 2006
  2. Ramos v. Superior CourtCalifornia Court of Appeal · 2007
  3. People v. LoveCalifornia Court of Appeal · 2005
  4. People v. HendersonCalifornia Court of Appeal · 2004
  5. People v. FigueroaCalifornia Court of Appeal · 2017

3 more not listed; retrieve them via the Exa API.

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