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IN RE WILLIAMS

Docket No. A027414.

164 Cal.App.3d 979 (1985)

211 Cal. Rptr. 32

In re CEDRIC DESHAWN WILLIAMS on Habeas Corpus.

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

February 21, 1985.

Attorney(s) appearing for the Case

COUNSEL

Deborah Tuttelman, under appointment by the Court of Appeal, for Petitioner.

John K. Van de Kamp, Attorney General, Clifford F. Campbell, Ann K. Jensen and Frances Marie Dogan, Deputy Attorneys General, for Respondent.

OPINION

BARRY-DEAL, J.

(1a) We hold that a magistrate's refusal or failure to hold a defendant to answer on one count of a complaint constitutes a dismissal of that count, pursuant to Penal Code section 871,1 for purposes of section 1387, so that another dismissal bars prosecution for the offense.

Procedural History

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