California Court of Appeal

In a dispute concerning the scope of Penal Code section 995 and arising from a failure of the prosecution to present evidence at a preliminary hearing to support an allegation that the three-year statute of limitations was tolled while defendant's prior prosecution for the same charges was pending, judgment of the trial court granting defendant's Section 995 motion to set aside the information charging him with two counts of selling heroin is reversed where the evidentiary omission is a "minor error" which can be easily and expeditiously cured within the meaning of section 995a.

Appellate Information

• Decided 08/16/2011
• Published 08/16/2011

Judges

• PERREN

Court

• California Court of Appeal

Counsel