What is the test for a defendant to appeal against a finding that no prima facie case has been established?

California, United States of America


The following excerpt is from People v. Reed, 232 Cal.Rptr.3d 81, 4 Cal.5th 989, 416 P.3d 68 (Cal. 2018):

6 In cases where the trial court has concluded no prima facie case has been established, it is the better practice to "offer prosecutors the opportunity to state their reasons so as to enable creation of an adequate record for an appellate court, should it disagree with the first-stage ruling, to determine whether any constitutional violation has been established." (People v. Scott (2015) 61 Cal.4th 363, 388, 188 Cal.Rptr.3d 328, 349 P.3d 1028 (Scott ).)

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