People v. Konow

Opinion

GEORGE, C. J.

In this case, we address two issues relating to the pretrial stage of a criminal proceeding. Under Penal Code section 871, 1 after hearing the evidence presented at a preliminary examination, a magistrate must dismiss a complaint charging a felony “[i]f ... it appears either that no public offense has been committed or that there is not sufficient cause to believe the defendant guilty of a public offense.” Under section 1385, the magistrate also may dismiss such a complaint, “either of his or her own motion or upon the application of the prosecuting attorney,... in…