Does the standard of review apply when the superior court considers a motion pursuant to section 871.5?
California, United States of America
The following excerpt is from People v. Slaughter, 136 Cal.App.3d 246, 186 Cal.Rptr. 173 (Cal. App. 1982):
3 In People v. Salzman, supra, 131 Cal.App.3d 676, 684, 182 Cal.Rptr. 748, the court discussed the standard of review applicable when the superior court considers a section 871.5 motion after the magistrate dismissed a felony complaint following the granting of a motion pursuant to section 1538.5. The court did not indicate whether the parties had raised the issue.
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