Can a preliminary hearing be directed to the sufficiency of evidence to establish probable cause?

California, United States of America


The following excerpt is from People v. Smithson, 79 Cal.App.4th 480, 94 Cal.Rptr.2d 170 (Cal. App. 2000):

3 Cal.4th 41, 10 Cal.Rptr.2d 554, 833 P.2d 561, on the fact that his first hearing was conducted by a magistrate, not a superior court judge, and on the different functions a magistrate and a trial judge perform with the evidence before them. "At trial, the trier of fact must determine whether the evidence is sufficient to prove the charges beyond a reasonable doubt. On the other hand, at the preliminary hearing, the magistrate is called upon only to determine whether the factual showing is sufficient to establish probable cause to believe the defendant committed a felony. [Citations.]" (People v. DeJesus (1995) 38 Cal. App.4th 1, 14, 44 Cal.Rptr.2d 796.) Spence claims his hearing before the magistrate could only have been directed to the sufficiency of evidence to establish probable cause. This point is without merit.

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