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PEOPLE v. MUNICIPAL COURT (GALVAN)

Docket No. 45587.

94 Cal.App.3d 11 (1979)

155 Cal. Rptr. 543

THE PEOPLE, Plaintiff and Respondent, v. THE MUNICIPAL COURT FOR THE SAN JOSE-MILPITAS JUDICIAL DISTRICT OF SANTA CLARA COUNTY, Defendant and Respondent; GERALDINE LORRAINE GALVAN, Real Party in Interest and Appellant.

Court of Appeals of California, First District, Division Four.

May 25, 1979.

Attorney(s) appearing for the Case

COUNSEL

Rose & Dettmer and Ronald W. Rose for Real Party in Interest and Appellant.

George Deukmejian, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Eugene W. Kaster and John H. Sugiyama, Deputy Attorneys General, for Plaintiff and Respondent.

No appearance for Defendant and Respondent.

OPINION

CHRISTIAN, J.

This appeal tests the authority of a magistrate to dismiss a felony complaint on grounds other than the insufficiency of the evidence at the preliminary hearing.

Leroy Dubray, an undercover investigator of the San Jose Police Department, made contact with appellant Geraldine Galvan and her housemate, Alex Flores. Dubray purchased heroin at the Galvan-Flores residence. On May 18, 1977, he went there again...

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