People v. Dianda

Opinion

POCHÉ, Acting P. J.

Penal Code section 871.5 specifies that “When an action is dismissed by a magistrate ... the prosecutor may make a motion in the superior court within 15 days to compel the magistrate to reinstate the complaint. . . -” We are required to determine, what it is that a prosecutor must do to “make a motion.”

Following the dismissal of criminal complaints against defendants Mark Dianda, James Smothers, and Ronald Phoenix, the prosecutor filed separate written motions pursuant to this statute for orders reinstating the complaints. Each motion was filed within 15 days of the…