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PEOPLE v. FAY

Docket No. A031727.

184 Cal.App.3d 882 (1986)

229 Cal. Rptr. 291

THE PEOPLE, Plaintiff and Appellant, v. STEVEN FAY, Defendant and Respondent.

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

August 22, 1986.

Attorney(s) appearing for the Case

COUNSEL

Arlo Smith, District Attorney, and Bernard David Walter, Assistant District Attorney, for Plaintiff and Appellant.

James Larson, under appointment by the Court of Appeal, Tim Brosnan and Larson & Weinberg for Defendant and Respondent.

OPINION

SABRAW, J.

The only issue presented on this appeal by the People from an order of the superior court denying their motion pursuant to Penal Code section 871.51 to reinstate the complaint against respondent Steven Fay is whether, as a matter of law, the magistrate who conducted respondent's preliminary examination erred in dismissing the complaint. As will be shown, we conclude that such error did...

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