PEOPLE v. DIANDA

Docket No. A030906.

178 Cal.App.3d 174 (1986)

223 Cal. Rptr. 635

THE PEOPLE, Plaintiff and Appellant, v. MARK DIANDA et al., Defendants and Respondents.

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

February 28, 1986.


Attorney(s) appearing for the Case

COUNSEL

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

Jeff Brown, Public Defender, Peter G. Keane, Chief Attorney, Grace Lidia Suarez, Deputy Public Defender, and Jack Morgan for Defendants and Respondents.


OPINION

POCHE, Acting P.J.

Penal Code section 871.5 specifies that "When an action is dismissed by a magistrate ... the prosecutor may make a motion in the superior court within 15 days to compel the magistrate to reinstate the complaint...."1 We are required to determine, what it is that a prosecutor must do to "make a motion."

Following the dismissal of criminal complaints against defendants...

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