Can a motion to quash a motion made under section 995 of the Penal Code be heard in a superior court or an appellate court?

California, United States of America


The following excerpt is from People v. Biehl, 228 Cal.App.2d 805, 39 Cal.Rptr. 868 (Cal. App. 1964):

[228 Cal.App.2d 807] However, neither the superior court nor an appellate court, in ruling upon a motion made under section 995 of the Penal Code, has the power to pass on conflicts in the evidence (People v. Soto, 144 Cal.App.2d 294, 296, 301 P.2d 45) or to substitute its judgment as to the weight to be given to the evidence for that of the committing magistrate. (People v. Platt, 124 Cal.App.2d 123, 131, 268 P.2d 529.)

As stated in People v. Jackson, 146 Cal.App.2d 553, 556-557, 303 P.2d 767, 769: 'In arriving at his decision the magistrate may waive the evidence, may resolve conflicts, and may give or wihhold credence to witnesses. In testing the sufficiency of the showing made before him on motion to quash the superior court cannot do these things.'

In Rogers v. Superior Court, 46 Cal.2d 3, p. 7, 291 P.2d 929, p. 931, the Attorney General made the contention that 'the scope of review [under 995] is simply to determine whether the [committing] magistrate has held the defendant to answer without reasonable or probable cause to believe a public offense has been committed with which the defendant is connected, and not whether the magistrate erred on questions of admissibility of evidence.'

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