Chism v. Superior Court

Opinion

KINGSLEY (Acting) P. J.

This is a petition for writ of mandate by a defendant in a criminal action seeking to compel the superior court to return the action to the magistrate who presided at the preliminary examination for resumption of those proceedings and determination of the issue of probable cause after the superior court determined on a People’s motion under Penal Code section 871.5 that the magistrate erroneously dismissed the action at the preliminary examination on other grounds before ruling as to probable cause.

The sole issue presented is whether respondent exceeded its…