What is the scope of appellate review of a motion pursuant to section 995?
California, United States of America
The following excerpt is from People v. Huntsman, 152 Cal.App.3d 1073, 200 Cal.Rptr. 89 (Cal. App. 1984):
The scope of appellate review of a motion pursuant to section 995 is different from that of a motion pursuant to section 1538.5. (People v. Laiwa (1983) 34 Cal.3d 711, 718, 195 Cal.Rptr. 503, 669 P.2d 1278; see also People v. Pompa-Ortiz (1980) 27 Cal.3d 519, 529, 165 Cal.Rptr. 851, 612 P.2d 941.) Since our review of the section 1538.5 motion disposes of this appeal, we do not review the denial of the section 995 motion.
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