California Court of Appeal

Penal Code section 997, which allows the district attorney to file an information after a motion to set aside an indictment or information is granted, conditioned on a hearing before a magistrate, is not inconsistent with the California Constitution.

Appellate Information

• Decided 07/18/2002
• Published 07/18/2002

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Michael D. Bradbury, District Attorney, Michael K. Frawley, Chief Deputy District Attorney, Michael D. Schwartz, Senior Deputy District Attorney, for Petitioner., Kenneth I. Clayman, Public Defender, Steven Lipson and Brian A. Vogel, Senior Deputies, Michael C. McMahon, Chief Deputy Public Defender, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.