PEOPLE v. KONOW

No. S111494.

12 Cal.Rptr.3d 301 (2004)

88 P.3d 36

32 Cal.4th 995

The PEOPLE, Plaintiff and Appellant, v. Carolyn KONOW et al., Defendants and Respondents.

Supreme Court of California.

Rehearing Denied June 23, 2004.


Attorney(s) appearing for the Case

Paul J. Pfingst and Bonnie M. Dumanis, District Attorneys, Thomas F. McArdle, Anthony Lovett, Josephine A. Kiernan and Kim Thoa Hoang, Deputy District Attorneys, for Plaintiff and Appellant.

Michael J. McCabe, under appointment by the Supreme Court, San Diego, for Defendant and Respondent Carolyn Konow.

Steven J. Carroll, Public Defender, under appointment by the Supreme Court, Matthew Braner and Selena Dong, Deputy Public Defenders, for Defendant and Respondent Steven Rohrer.

Cynthia M. Sorman, under appointment by the Supreme Court, and Diane Nichols, for Defendant and Respondent Amy Toosley.

Marianne Harguindeguy Cox, under appointment by the Supreme Court, for Defendant and Respondent Daniel O'Neil.


GEORGE, C.J.

In this case, we address two issues relating to the pretrial stage of a criminal proceeding. Under Penal Code section 871,1 after hearing the evidence presented at a preliminary examination, a magistrate must dismiss a complaint charging a felony "[i]f ... it appears either that no public offense has been committed or that there is not sufficient cause to believe the defendant guilty of a public offense." Under section 1385...

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