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PEOPLE v. ARBACAUSKAS

No. C044110.

19 Cal.Rptr.3d 853 (2004)

The PEOPLE, Plaintiff and Appellant, v. Timothy John ARBACAUSKAS, Defendant and Respondent.

Court of Appeals of California, Third District.

As Modified November 19, 2004.

Ordered Not Officially Published January 19, 2005.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Stephen G. Herndon, Supervising Deputy Attorney General, Rachelle A. Newcomb, Deputy Attorney General, for Plaintiff and Appellant.

Scott Concklin, under appointment by the Court of Appeal, for Defendant and Respondent.

BLEASE, Acting P.J.

Following a preliminary hearing, the magistrate dismissed a complaint against defendant Timothy John Arbacauskas, charging him with cultivating marijuana. (Health & Saf.Code, § 11358.) The People appeal from the order of the superior court denying their motion to reinstate the complaint pursuant to Penal Code section 871.5.1

At the preliminary hearing...

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