Is it an abuse of discretion to refuse to consider a section 995 motion before trial?
California, United States of America
The following excerpt is from People v. Young, A146206 (Cal. App. 2016):
14. The timeliness of defendant's original section 995 motion is not an issue in this case, and thus we need not and do not consider the circumstances under which a section 995 motion might be considered untimely. (See, e.g., People v. Arjon (2004) 119 Cal.App.4th 185, 190-191 [under the facts of this case, not an abuse of discretion to refuse to consider section 995 motion immediately before trial].)
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