Legal Opinion
In Re Williams
California Court of Appeal
Decided February 21, 1985No. A027414PublishedCited by 5 opinions
1Opinion of the Court
Opinion
BARRY-DEAL, J.
We hold that a magistrate's refusal or failure to hold a defendant to answer on one count of a complaint constitutes a dismissal of that count, pursuant to Penal Code section 871, 1 for purposes of section 1387, so that another dismissal bars prosecution for the offense.
Procedural History
On May 19, 1982, 2 a preliminary hearing was held in Santa Clara Municipal Court before Judge Edward B. Pearce II. At the conclusion of the hearing, the court held petitioner to answer for receiving stolen property, but regarding a charge of burglary, the court said, “There will be no…
2Cases cited6 opinions
- People v. FosselmanCalifornia Supreme Court · 1983
- Ramos v. Superior CourtCalifornia Supreme Court · 1982
- Dunn v. Superior CourtCalifornia Court of Appeal · 1984
- Lee v. Superior CourtCalifornia Court of Appeal · 1983
- People v. LunaCalifornia Court of Appeal · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. Superior Court (Martinez)California Court of Appeal · 1993
- Bodner v. Superior CourtCalifornia Court of Appeal · 1996
- Brazell v. Superior CourtCalifornia Court of Appeal · 1986
- Dietrick v. Superior CourtCalifornia Court of Appeal · 2013
- (HC) Casillas v. Secretary of CorrectionsDistrict Court, E.D. California · 2019