Legal Opinion
Montez v. Superior Court
California Court of Appeal
Decided March 11, 1992No. B052892PublishedCited by 10 opinions
1Opinion of the Court
Opinion
TURNER, P. J.—
I. Introduction
Petitioner Alfredo Montez (defendant) seeks a writ of prohibition directing the respondent court to set aside an order denying a motion to dismiss pursuant to Penal Code section 995. The motion raised several issues concerning the application of Proposition 115 which was adopted by the voters on June 5,1990, and which went into effect on June 6, 1990. Because the respondent court incorrectly denied the dismissal motion, the petition is granted.
II. Procedural and Factual Matters
Defendant is charged in an information with residential burglary in violation of…
2Cases cited23 opinions
- Ohio v. RobertsSupreme Court of the United States · 1980
- Delaney v. Superior CourtCalifornia Supreme Court · 1990
- People v. EdwardsCalifornia Supreme Court · 1991
- People v. SmithCalifornia Supreme Court · 1983
- People v. GordonCalifornia Supreme Court · 1990
18 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. CorellaCalifornia Court of Appeal · 2004
- People v. SallyCalifornia Court of Appeal · 1993
- People v. WimberlyCalifornia Court of Appeal · 1992
- Thang Quy Tu v. Superior CourtCalifornia Court of Appeal · 1992
- Correa v. Superior CourtCalifornia Court of Appeal · 2001
5 more not listed; retrieve them via the Exa API.