California, United States of America
The following excerpt is from The People V. Wang, 106 Cal.Rptr.2d 829 (Cal. App. 2001):
When ruling on a motion pursuant to section 995, a superior court " ' "sits merely as a reviewing court; it must draw every legitimate inference in favor of the information, and cannot substitute its judgment as to the credibility or weight of the evidence for that of the magistrate. [Citation.] On review by appeal or writ, moreover, the appellate court in effect disregards the ruling of the superior court and directly reviews the determination of the magistrate holding the defendant to answer. [Citation.]" [Citations.]' " (People v. Daily (1996) 49 Cal.App.4th 543, 549; Salazar v. Superior Court (2000) 83 Cal.App.4th 840, 842.)
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