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PEOPLE v. HENDERSON

No. E033737.

9 Cal.Rptr.3d 655 (2004)

115 Cal.App.4th 922

The PEOPLE, Plaintiff and Appellant, v. James Edward HENDERSON, Defendant and Respondent.

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

Rehearing Denied March 15, 2004.

Review Denied May 19, 2004.

Attorney(s) appearing for the Case

Grover Trask, District Attorney, and Raquel A. Marquez, Deputy District Attorney, for Plaintiff and Appellant.

Michele A. Douglass, Long Beach, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

GAUT, J.

1. Introduction

The People appeal from a judgment dismissing a criminal complaint against defendant James Henderson, who was charged with first degree burglary and assault with a deadly firearm. The People claim that, on the date scheduled for the preliminary hearing, the magistrate had no authority to dismiss the complaint because the prosecutor failed to show good cause for...

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