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PEOPLE v. WORKMAN

Docket No. F008490.

209 Cal.App.3d 687 (1989)

257 Cal. Rptr. 753

THE PEOPLE, Plaintiff and Respondent, v. HARRY RALPH WORKMAN et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

April 11, 1989.

Attorney(s) appearing for the Case

COUNSEL

Carolyn Morris, John J. Woods and Debra R. Huston, under appointments by the Court of Appeal, for Defendants and Appellants.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, W. Scott Thorpe and Clayton S. Tanaka, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

FRANSON, P.J.

(1a) The important question presented by this appeal is whether, when the magistrate suppresses evidence at the preliminary hearing, the prosecutor can dismiss the complaint and relitigate the issues after filing a second complaint rather than seeking review of the unfavorable ruling. The issue involves reconciling...

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