Does the use of the words "district attorney or other appropriate prosecuting officer has filed" indicate an intent to proceed by way of a preliminary hearing?

California, United States of America


The following excerpt is from The People v. The Super. Ct. of LA. County, 110 Cal.Rptr.2d 668 (Cal. App. 2001):

The use of the words "district attorney or other appropriate prosecuting officer has filed" indicates an intent to proceed by way of a preliminary hearing because such language is not consistent with a grand jury proceeding. So, too, the reference to the preliminary hearing itself, which sets forth the requirement that the magistrate shall make a finding of reasonable cause that the minor falls within the scope of section 707, subdivision (d)(4). Given that our state Constitution now forbids a defendant who is being prosecuted by indictment from being afforded a preliminary hearing (see Bowens v. Superior Court, supra, 1 Cal.4th at p. 39), the reference to the duty of the magistrate strongly suggests that the drafters of Proposition 21 did not envision grand jury indictment as being a part of the new statutory scheme.

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