Does section 17(b)(5) of the California Code of Civil Procedure apply to a defendant charged with a charge of assault with intent to pervert the course of justice?
California, United States of America
The following excerpt is from People v. Superior Court of Orange Cnty., 181 Cal.Rptr.3d 901, 232 Cal.App.4th 1199 (Cal. App. 2015):
Finally, Jalalipour argues section 17 violates the equal protection rights of persons charged by indictment, since they do not receive a preliminary hearing and have no opportunity to make a section 17(b)(5) motion. Jalalipour, however, was charged by felony complaint and did receive a preliminary hearing. He therefore lacks standing to bring this claim because he is not a member of the class allegedly discriminated against. (Rubio v. Superior Court (1979) 24 Cal.3d 93, 103, [154 Cal.Rptr. 734, 593 P.2d 595].)
In sum, the court erred by reducing Jalalipour's felony charges to misdemeanor charges.
[232 Cal.App.4th 1210]
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