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PEOPLE v. SUPERIOR COURT (SCHULTZ)

No. B156693.

122 Cal.Rptr.2d 419 (2002)

100 Cal.App.4th 340

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Ventura County, Respondent; Michael Joseph SCHULTZ, Real Party in Interest.

Court of Appeals of California, Second District.

Rehearing Denied August 13, 2002.

Review Denied October 16, 2002.

Attorney(s) appearing for the Case

Michael D. Bradbury, District Attorney, Michael K. Frawley, Chief Deputy District Attorney, Michael D. Schwartz, Senior Deputy District Attorney, for Petitioner.

No appearance for Respondent.

Kenneth I. Clayman, Public Defender, Steven Lipson and Brian A. Vogel, Senior Deputies, Michael C. McMahon, Chief Deputy Public Defender, for Real Party in Interest.

OPINION AND ORDER FOR PEREMPTORY WRIT OF MANDATE

COFFEE, J.

Under California law, felonies may be prosecuted by means of indictment or information. (Pen.Code, §§ 682, 737.)1 Ordinarily, an information cannot be filed in superior court unless a magistrate has first issued a commitment order after a preliminary hearing. (§ 738.) Section 997 establishes an exception to this rule. It provides that when a trial court...

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