In what circumstances will a motion to dismiss an allegation of sexual assault be dismissed?

In any event, petitioner has failed to demonstrate that the trial court erred in denying his motion to dismiss. Pursuant to California Penal Code 995, an information must be dismissed if the evidence presented at the preliminary hearing was insufficient to demonstrate probable cause that the defendant committed the charged offense. Cal. Penal Code 995(a)(2). Probable cause means "such a state of facts as would lead a [person] of ordinary caution or prudence to believe, and conscientiously entertain a strong suspicion of the guilt of the accused." People v. Mower, 28 Cal.4th 457, 473 (citations omitted). Reasonable and probable cause' may exist although there may be some room for doubt." Id. In light of these standards, petitioner's claim that the trial court violated his federal constitutional rights in denying his motion to dismiss must be denied. The evidence introduced at the preliminary hearing demonstrated probable cause that petitioner committed the charged offense. See CT at 557-639.

Accordingly, for the foregoing reasons, relief on this claim must be denied.