What are the standards applied by the reviewing court on a motion brought pursuant to section 995 of the Penal Code?

California, United States of America


The following excerpt is from People v. Garcia, 166 Cal.App.3d 1056, 212 Cal.Rptr. 822 (Cal. App. 1985):

We should begin this discussion by reiterating the standards to be applied by the reviewing court on a motion brought pursuant to section 995 of the Penal Code. The principles are so well known as to make it unnecessary to cite the numerous cases in which they have been developed. A good summary of the applicable principles is found in the following language from the oft-quoted case of Rideout v. Superior Court (1967) 67 Cal.2d 471, 62 Cal.Rptr. 581, 432 P.2d 197: "Evidence that will justify a prosecution need not be sufficient to support a conviction. [Citations.] 'Probable cause is shown if a man of ordinary caution or prudence would be led to believe and conscientiously entertain a strong suspicion of the guilt of the accused.' An information will not be set aside or a prosecution thereon prohibited if there is some rational ground for assuming the possibility that an offense has been committed and the accused is guilty of it. [Citations.] [p] A reviewing court may not

Page 827

Other Questions


What is the standard applied by a court to review a motion for judgment of acquittal pursuant to section 1118.1? (California, United States of America)
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)
Does the standard of review apply when the superior court considers a motion pursuant to section 871.5? (California, United States of America)
What is the standard applied by a court under section 1118.1 of the Penal Code to a motion for judgment of acquittal? (California, United States of America)
Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
What is the effect of section 633.5 of the California Penal Code on a phone recording pursuant to section 632 of the Penal Code? (California, United States of America)
Does Section 26 of the Penal Code section 2600 of the California Penal Code apply? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.