California, United States of America
The following excerpt is from People v. Enriquez, F073236 (Cal. App. 2019):
"[S]ection 995 allows a defendant to challenge an information based on the sufficiency of the record made before the magistrate at the preliminary hearing. [Citation.] In reviewing the denial of a ... section 995 motion to set aside an information, we 'in effect disregard[ ] the ruling of the superior court and directly review[] the determination of the magistrate holding the defendant to answer.' [Citations.]" (Lexin v. Superior Court (2010) 47 Cal.4th 1050, 1071-1072.) With respect to the evidence, "we must draw all reasonable inferences in favor of the information [citations] and decide whether there is probable cause to hold the defendants to answer, i.e., whether the evidence is such that 'a reasonable person could harbor a strong suspicion of the defendant's guilt.' [Citations.]" (Id. at p. 1072.)
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