What is the test for reversing a finding of probable cause?

California, United States of America


The following excerpt is from People v. Tyson, C079403 (Cal. App. 2019):

If we find there is insufficient evidence to support the probable cause determination, we do not reverse unless the defendant can show that the error at the preliminary hearing stage deprived him of a fair trial or otherwise caused him to suffer prejudice at trial. (People v. Seaton (2001) 26 Cal.4th 598, 646; People v. Pompa-Ortiz (1980) 27 Cal.3d 519, 529.)

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