Docket No. D021850.

36 Cal.App.4th 231 (1995)

43 Cal. Rptr.2d 8

THE PEOPLE, Plaintiff and Appellant, v. THOMAS EUGENE SILVA, JR., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

June 28, 1995.

Attorney(s) appearing for the Case


Paul J. Pfingst, District Attorney, Thomas F. McArdle and Richard J. Sachs, Deputy District Attorneys, for Plaintiff and Appellant.

Robinson & Sterling and Patricia W. Robinson for Defendant and Respondent.



This case presents a unique problem created by the efforts of the trial courts to coordinate the work of the municipal and superior courts in criminal cases. Here, the same superior court judge sat as a magistrate at the preliminary examination and later as a superior court judge after the bindover and filing of an information. Apparently, confusing the statutory authority of the magistrate under Penal Code

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