THE PEOPLE, Plaintiff and Appellant,
v.
WILLIAM F. LEVINS, as Magistrate, etc., Defendant and Respondent; REGINALD HARRIS, Real Party in Interest and Respondent.
Supreme Court of California.https://leagle.com/images/logo.png
November 9, 1978.
November 9, 1978.
Attorney(s) appearing for the Case
COUNSEL
Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Clifford K. Thompson, Jr., and Derald E. Granberg, Deputy Attorneys General, for Plaintiff and Appellant.
James M. Cramer, District Attorney (San Bernardino), and Joseph A. Burns, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Appellant.
Mintz, Giller, Himmelman & Mintz, Richard S. Kessler, James Giller, Ephraim Margolin and Nicholas C. Arguimbau for Defendant and Respondent.
No appearance for Real Party in Interest and Respondent.
Sheldon Portman, Public Defender (Santa Clara), William Sheffield, Fred Okrand, Margaret C. Crosby and Alan L. Schlosser as Amici Curiae on behalf of Defendant and Respondent and Real Party in Interest and Respondent.
Supreme Court of California.
OPINION
MOSK, J.
(1) The People ask us to consider whether a magistrate abused his discretion in denying a motion to dismiss a criminal complaint under Penal Code section 1385 when the defendant opposed the motion, and the sole ground for the motion was that the prosecutor who filed the original complaint and thus invoked the magistrate's jurisdiction had subsequently obtained an indictment charging the same defendant...
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