People v. McGowan

Opinion

KUMAR, J.

Penal Code section 991 is the legislative safeguard that allows an in-custody misdemeanant to require the arraigning magistrate to determine whether there is probable cause to believe the defendant has committed a *Supp. 3public offense. (Pen. Code, § 991, subd. (a).) If the magistrate finds no such probable cause, the defendant is entitled to a dismissal of the complaint. (Id., subd. (d).)1

The issue presented is whether section 991 vests the trial court with the discretion to dismiss only some of the charged offenses due to the absence of probable cause, thereby allowing the…