ROBERT DWIGHT JACKSON, Petitioner,
v.
THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.
Court of Appeals of California, First District, Division Three.https://leagle.com/images/logo.png
September 15, 1982.
September 15, 1982.
Attorney(s) appearing for the Case
COUNSEL
Susan Guberman Garcia for Petitioner.
No appearance for Respondent.
George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein, Assistant Attorney General, Herbert F. Wilkinson and J. Patrick Collins, Deputy Attorneys General, for Real Party in Interest.
Court of Appeals of California, First District, Division Three.
OPINION
SCOTT, J.
(1) This petition raises the question of whether a defendant is "illegally committed" by the magistrate within the meaning of Penal Code section 995 when he is denied the opportunity to present testimony concerning the prejudice caused by prearrest delay. We conclude that testimony related to a nonstatutory motion to dismiss for prearrest delay is not integral to the preliminary examination. A defendant...
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