California, United States of America
The following excerpt is from Zemek v. Superior Court of Riverside Cnty., 257 Cal.Rptr.3d 729, 44 Cal.App.5th 535 (Cal. App. 2020):
"[I]n proceedings under section 995 it is the magistrate who is the finder of fact .... [Citation.]" ( People v. Laiwa (1983) 34 Cal.3d 711, 718, 195 Cal.Rptr. 503, 669 P.2d 1278.) "The magistrate's role is limited by statute to determining whether or not there is sufficient cause to believe the defendant guilty of a public offense. [Citation.] Within the framework of his limited role, however, the magistrate may weigh the evidence, resolve conflicts, and give or withhold credence to particular witnesses. [Citations.]" ( Johnson v. Superior Court (1975) 15 Cal.3d 248, 252, 124 Cal.Rptr. 32, 539 P.2d 792.)
"We conduct an independent review of the evidence, but will not substitute our judgment for that of the magistrate as to the credibility or weight of the evidence. [Citation.]" ( People v. San Nicolas, supra , 34 Cal.4th at p. 654, 21 Cal.Rptr.3d 612, 101 P.3d 509.)
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