People v. McGowan

Opinion

KIRSCHNER, J.*

Penal Code section 9911 permits an in-custody defendant to require the arraigning magistrate to determine whether there is probable cause to believe the defendant committed a public offense. (§ 991, subd. (a).) If the magistrate finds no such probable cause, the defendant is entitled to dismissal of the complaint. (§ 991, subd. (d).) The issue raised in this appeal is whether section 991 vests the trial court with authority to dismiss only some of the charges for lack of probable cause, or whether it must dismiss the complaint in its entirety or not at all. We conclude…