People v. Slaughter

Opinion

BROUSSARD, J.

The People appeal from an order of the superior court denying their motion under Penal Code section 871.51 to reinstate a charge *633accusing defendant of the murder of Russell Bradstreet. This appeal requires us to determine the standard of review of a magistrate’s ruling when that ruling is challenged by a motion for reinstatement under section 871.5, a question of first impression in this court.

The Legislature enacted section 871.5 in 1980 to provide an alternative method for review of a magistrate’s decision dismissing a criminal charge. Under section 739, the prosecutor…