Can a defendant challenge an accusatory pleading by pleading pursuant to section 1004 of the California Code of Civil Procedure?
California, United States of America
The following excerpt is from People v. Perez, 2d Crim. No. B261268 (Cal. App. 2016):
A defendant may challenge an accusatory pleading by a demurrer filed pursuant to section 1004. We exercise our independent judgment in review of the trial court's order overruling a defendant's demurrer. (People v. Osorio (2015) 235 Cal.App.4th 1408, 1412 [demurrer raises only issues of law and is reviewed de novo].)
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