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Legal Opinion

People v. Luna

California Court of Appeal

Decided March 15, 1983No. Crim. 42577PublishedCited by 7 opinions

1Opinion of the Court

Opinion

GATES, J.

The People appeal from a trial court's order dismissing a felony action based upon its interpretation of Penal Code section 871.5. They contend: “The superior court erred in holding that the People are precluded from refiling after the magistrate’s dismissal of a felony complaint absent a showing of new or additional evidence, and in holding that the People’s sole recourse is resort to the new procedure of review pursuant to Penal Code section 871.5.”

Defendant Manuel Luna was charged with possessing phencyclidine (PCP) on February 19, 1981. At his first preliminary hearing,…

2Cases cited10 opinions

  1. People v. SimsCalifornia Supreme Court · 1982
  2. Jones v. Superior CourtCalifornia Supreme Court · 1971
  3. People v. HarringtonCalifornia Supreme Court · 1970
  4. People v. PetersCalifornia Supreme Court · 1978
  5. Ramos v. Superior CourtCalifornia Supreme Court · 1982

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3Cited by7 opinions

  1. People v. Superior Court (Martinez)California Court of Appeal · 1993
  2. People v. ChildsCalifornia Court of Appeal · 1991
  3. In Re WilliamsCalifornia Court of Appeal · 1985
  4. People v. McCoyCalifornia Court of Appeal · 1983
  5. Bailey v. StateCourt of Appeals of Maryland · 2010

2 more not listed; retrieve them via the Exa API.

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