Can a superior court review a decision by a magistrate dismissing a criminal complaint pursuant to section 871.5?

California, United States of America


The following excerpt is from People v. Shrier, 10 Cal. Daily Op. Serv. 14, 621, 118 Cal.Rptr.3d 233, 190 Cal.App.4th 400 (Cal. App. 2011):

"On appeal from an order denying a motion to reinstate a criminal complaint under section 871.5, we disregard the superior court's ruling and directly examine the magistrate's ruling to determine if the dismissal of the *410 complaint was erroneous as a matter of law. To the extent the magistrate's decision rests upon factual findings, '[w]e, like the superior court, must draw every legitimate inference in favor of the magistrate's ruling and cannot substitute our judgment, on the credibility or weight of the evidence, for that of the magistrate.' [Citation.]" ( People v. Massey (2000) 79 Cal.App.4th 204, 210, 93 Cal.Rptr.2d 890, italics added.) "We review the magistrate's legal conclusions de novo, but are bound by any factual findings the magistrate made if they are supported by substantial evidence." ( People v. Plumlee (2008) 166 Cal.App.4th 935, 939, 83 Cal.Rptr.3d 172.) 3

Respondents contend that the dismissal of the complaint was not subject to superior court review under section 871.5 because the dismissal was not pursuant to any of the statutes listed in that section. **242 " '[T]he plain language of 871.5 evidences an intent to permit superior court review of dismissal orders by magistrates when a complaint has been dismissed pursuant to specifically enumerated statutory authority, i.e., sections 859b, 861, 871, 1008, 1381, 1381.5, 1385, 1387 or 1389.' " ( People v. Williams (2005) 35 Cal.4th 817, 827, 28 Cal.Rptr.3d 29, 110 P.3d 1239.)

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