California Court of Appeal

Following a magistrate's finding that the evidence was insufficient to hold defendant to answer on a possession for sale charge, the dismissal of the People's subsequent information which again alleged the previously dismissed possession for sale charge is reversed and remanded, where: 1) the trial court correctly concluded the magistrate had not made any express factual determinations that would bind the court; but 2) the trial court incorrectly concluded it could not revisit the magistrate's ruling on the sufficiency of the evidence to hold defendant to answer; and 3) upon independent examination of the evidence, there is sufficient evidence to charge defendant with possession for sale.

Appellate Information

• Decided 02/10/2014
• Published 02/10/2014

Judges

• IKOLA

Court

• California Court of Appeal

Counsel