California, United States of America
The following excerpt is from People v. Superior Court of Sonoma Cnty., A143887 (Cal. App. 2015):
In granting the motion to dismiss, the superior court indicated that its decision was "very close." It initially found that there "certainly" was "asportation involved . . . there was clear movement." The superior court determined that the preliminary hearing focused on whether this was a gang crime, not on whether there was sufficient evidence to uphold the kidnapping charge. Relying on People v. Manning (1982) 133 Cal.App.3d 159, it concluded that the defense did not have notice of the kidnapping charge and had no opportunity to mount a defense to that charge; thus it granted the Penal Code section 995 motion to dismiss the three kidnapping charges.
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