Does a defendant have to wait until after trial to challenge the denial of a pretrial dismissal motion on appeal?
California, United States of America
The following excerpt is from People v. BECERRA, 165 Cal.App.4th 1064, 81 Cal.Rptr.3d 348 (Cal. App. 2008):
But [i]f a defendant waits until after trial to challenge the denial of a pretrial dismissal motion on appeal, different considerations are operative. ( Berardi, supra, 149 Cal.App.4th at p. 495, fn. 10, 57 Cal.Rptr.3d 170.) Berardi points us to People v. Pompa-Ortiz (1980) 27 Cal.3d 519, 165 Cal.Rptr. 851, 612 P.2d 941
[81 Cal.Rptr.3d 353]
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