What is the effect of a magistrate's finding that a defendant should not stand trial on charges of assault and sexual assault?

California, United States of America


The following excerpt is from People v. Superior Court (Feinstein), 29 Cal.App.4th 323, 34 Cal.Rptr.2d 503 (Cal. App. 1994):

The magistrate in our case concluded that the evidence was insufficient to establish probable cause to hold defendant to answer the felony charges. There was no conflict in the evidence since the only evidence was the victim's testimony. It is clear from the record that the magistrate's decision was based on her understanding of the legal requisites of the felony statutes rather than on a credibility judgment about the witness. As such, it was a legal conclusion that the evidence was not sufficient to hold defendant to answer for the felonies charged as she construed them. (See People v. Slaughter (1984) 35 Cal.3d 629, 640, 642-643, 200 Cal.Rptr. 448, 677 P.2d 854; People v. Estrada (1987) 188 Cal.App.3d 1141, 1147, 233 Cal.Rptr. 754.) The magistrate's order prevented the district attorney from trying the defendant on the felony charges--in effect the complaint was dismissed for insufficiency of the evidence and may be reviewed under section 871.5.

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