Penal Code section 995 - Revision history

Sysop at 11:33, 16 July 2025

2025-07-16T11:33:18Z

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	A PC995 motion may move to set aside individual counts and not the entire information.(People v. Hudson (1917) 35 Cal.App. 234.) The judge may set aside special allegations of an information if he finds insufficient evidence to support them. (People v. Superior Court (Mendella) (1983) 33 Cal.3d 754, 761, fn.6, superseded by statute on another point as discussed in In Re Jovan B. (1993) 6 Cal.4th 801, 814, fn. 8.) For example, the life-top enhancement for premeditated attempted murder. (Huynh v. Superior Court (1996) 45 Cal.App. 4th 891.)		A PC995 motion may move to set aside individual counts and not the entire information.(People v. Hudson (1917) 35 Cal.App. 234.) The judge may set aside special allegations of an information if he finds insufficient evidence to support them. (People v. Superior Court (Mendella) (1983) 33 Cal.3d 754, 761, fn.6, superseded by statute on another point as discussed in In Re Jovan B. (1993) 6 Cal.4th 801, 814, fn. 8.) For example, the life-top enhancement for premeditated attempted murder. (Huynh v. Superior Court (1996) 45 Cal.App. 4th 891.)

	“Every legitimate inference that may be drawn from the ~~information~~ must be in favor of the information.” (Rideout v. Superior Court of Santa Clara County (1967) 67 Cal.2d 471, 474.) But "[i]t is the duty of this court to discard as unreasonable inferences which derive from guesswork, speculation or conjecture." (Willens v. Superior Court (1971) 19 Cal.App.3d 356.)		“Every legitimate inference that may be drawn from the evidence must be in favor of the information.” (Rideout v. Superior Court of Santa Clara County (1967) 67 Cal.2d 471, 474.) But "[i]t is the duty of this court to discard as unreasonable inferences which derive from guesswork, speculation or conjecture." (Willens v. Superior Court (1971) 19 Cal.App.3d 356.)

	===Illegal Commitment===		===Illegal Commitment===

Sysop at 04:51, 16 July 2025

2025-07-16T04:51:57Z

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	Penal Code 859c:		Penal Code 859c:
	Procedures under this code that provide for superior court review of a challenged ruling or order made by a superior court judge or a magistrate shall be performed by a superior court judge other than the judge or magistrate who originally made the ruling or order, unless agreed to by the parties.		Procedures under this code that provide for superior court review of a challenged ruling or order made by a superior court judge or a magistrate shall be performed by a superior court judge other than the judge or magistrate who originally made the ruling or order, unless agreed to by the parties.

			==Transcript==
			Because the issues were raised by section 995 motions, we evaluate the trial court's ruling solely upon the record made at the preliminary hearing before the magistrate. (People v. Veiga (1989) 214 Cal.App.3d 817, 820, fn. 2, citing People v. Sahagun (1979) 89 Cal.App.3d 1, 20.)

Sysop at 04:50, 16 July 2025

2025-07-16T04:50:50Z

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	==Dismissal of an information==		==Dismissal of an information==
	An information can be dismissed because of a lack of a probable cause or because of an illegal commitment.		An information can be dismissed because of a lack of a probable cause or because of an illegal commitment.

			Motion to suppress is also reviewable by 995. ''Price v. Superior Court'' (2023) 93 Cal.App.5th 13.

	===Lack of probable cause===		===Lack of probable cause===
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	Penal Code 859c:		Penal Code 859c:
	Procedures under this code that provide for superior court review of a challenged ruling or order made by a superior court judge or a magistrate shall be performed by a superior court judge other than the judge or magistrate who originally made the ruling or order, unless agreed to by the parties.		Procedures under this code that provide for superior court review of a challenged ruling or order made by a superior court judge or a magistrate shall be performed by a superior court judge other than the judge or magistrate who originally made the ruling or order, unless agreed to by the parties.

	~~==Transcript==~~

	Because the issues were raised by section 995 motions, we evaluate the trial court's ruling solely upon the record made at the preliminary hearing before the magistrate. (People v. Veiga (1989) 214 Cal.App.3d 817, 820, fn. 2, citing People v. Sahagun (1979) 89 Cal.App.3d 1, 20.)

Sysop at 04:47, 16 July 2025

2025-07-16T04:47:32Z

← Older revision		Revision as of 04:47, 16 July 2025
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	Penal Code 859c:		Penal Code 859c:
	Procedures under this code that provide for superior court review of a challenged ruling or order made by a superior court judge or a magistrate shall be performed by a superior court judge other than the judge or magistrate who originally made the ruling or order, unless agreed to by the parties.		Procedures under this code that provide for superior court review of a challenged ruling or order made by a superior court judge or a magistrate shall be performed by a superior court judge other than the judge or magistrate who originally made the ruling or order, unless agreed to by the parties.

			==Transcript==

			Because the issues were raised by section 995 motions, we evaluate the trial court's ruling solely upon the record made at the preliminary hearing before the magistrate. (People v. Veiga (1989) 214 Cal.App.3d 817, 820, fn. 2, citing People v. Sahagun (1979) 89 Cal.App.3d 1, 20.)

Sysop at 21:53, 11 April 2025

2025-04-11T21:53:08Z

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	However, “failure to move to set aside the information [ (citing § 995) ] bars the defense from questioning on appeal any irregularity in the preliminary examination [ (citing § 996) ].” (People v. Harris (1967) 67 Cal.2d 866, 870 [64 Cal.Rptr. 313, 434 P.2d 609].)		However, “failure to move to set aside the information [ (citing § 995) ] bars the defense from questioning on appeal any irregularity in the preliminary examination [ (citing § 996) ].” (People v. Harris (1967) 67 Cal.2d 866, 870 [64 Cal.Rptr. 313, 434 P.2d 609].)

			==Reviewing judge==

			Penal Code 859c:
			Procedures under this code that provide for superior court review of a challenged ruling or order made by a superior court judge or a magistrate shall be performed by a superior court judge other than the judge or magistrate who originally made the ruling or order, unless agreed to by the parties.

Sysop at 00:49, 17 February 2025

2025-02-17T00:49:30Z

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	==Dismissal of an indictment==		==Dismissal of an indictment==

			==Waiver==

			However, “failure to move to set aside the information [ (citing § 995) ] bars the defense from questioning on appeal any irregularity in the preliminary examination [ (citing § 996) ].” (People v. Harris (1967) 67 Cal.2d 866, 870 [64 Cal.Rptr. 313, 434 P.2d 609].)

Sysop: /* Illegal Commitment */

2025-02-17T00:48:41Z

Illegal Commitment

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	*Prosecution has failed to file the information within 15 days of the magistrate's holding order.		*Prosecution has failed to file the information within 15 days of the magistrate's holding order.

			If a defendant is denied the effective assistance of counsel at the preliminary hearing, a substantial right has been denied. (People v. Coleman (1988) 46 Cal.3d 749, 772–773 [251 Cal.Rptr. 83, 759 P.2d 1260].)

	==Dismissal of enhancement==		==Dismissal of enhancement==

Sysop at 14:23, 14 December 2023

2023-12-14T14:23:25Z

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	*Prosecution won't reveal an informant's identity, even though the defense has shown it is material. (''People v. Paltrow'' (1978) 84 Cal.App.3d 540, 549.)		*Prosecution won't reveal an informant's identity, even though the defense has shown it is material. (''People v. Paltrow'' (1978) 84 Cal.App.3d 540, 549.)
	*Prosecution has failed to file the information within 15 days of the magistrate's holding order.		*Prosecution has failed to file the information within 15 days of the magistrate's holding order.


			==Dismissal of enhancement==

			''People v. Mendella'' (1983) 33 Cal.3d 754

	==Dismissal of an indictment==		==Dismissal of an indictment==

Sysop at 22:32, 5 May 2014

2014-05-05T22:32:14Z

← Older revision		Revision as of 22:32, 5 May 2014
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	==Dismissal of an information==		==Dismissal of an information==
	An information can be dismissed because of a lack of a probable cause or because of an illegal commitment. Illegal commitments "refers to the examination of the case and the holding of the defendant to answer." (''Jennings v. Superior Court (1967) 66 Cal.2d 867, 874, citing ''Ex parte Baker'' () 88 Cal.84, 85.) However, an information will not be dismissed for "some irregularity or minor error in the procedure of the preliminary examination," but it will be dismissed if "the defendant has been denied a substantial right." (''Jennings v. Superior Court'' (1967) 66 Cal.2d 867, 874.) No prejudice need be shown for a 995 based on denial of a substantial right. (''People v. Pompa-Ortiz'' (1980) 27 Cal.3d 519, 529["The right to relief without any showing of prejudice will be limited to pretrial challenges of irregularities."]; ''People v. Coleman'' (1988) 46 Cal.3d 749, 773 ["if a defendant makes a timely motion in the trial court to set aside the information and shows that a substantial right was denied, the information must be set aside without a showing of prejudice."].)		An information can be dismissed because of a lack of a probable cause or because of an illegal commitment.

			===Lack of probable cause===
			A PC995 motion may move to set aside individual counts and not the entire information.(People v. Hudson (1917) 35 Cal.App. 234.) The judge may set aside special allegations of an information if he finds insufficient evidence to support them. (People v. Superior Court (Mendella) (1983) 33 Cal.3d 754, 761, fn.6, superseded by statute on another point as discussed in In Re Jovan B. (1993) 6 Cal.4th 801, 814, fn. 8.) For example, the life-top enhancement for premeditated attempted murder. (Huynh v. Superior Court (1996) 45 Cal.App. 4th 891.)

			“Every legitimate inference that may be drawn from the information must be in favor of the information.” (Rideout v. Superior Court of Santa Clara County (1967) 67 Cal.2d 471, 474.) But "[i]t is the duty of this court to discard as unreasonable inferences which derive from guesswork, speculation or conjecture." (Willens v. Superior Court (1971) 19 Cal.App.3d 356.)

			===Illegal Commitment===
			Illegal commitments "refers to the examination of the case and the holding of the defendant to answer." (''Jennings v. Superior Court'' (1967) 66 Cal.2d 867, 874, citing ''Ex parte Baker'' () 88 Cal.84, 85.) However, an information will not be dismissed for "some irregularity or minor error in the procedure of the preliminary examination," but it will be dismissed if "the defendant has been denied a substantial right." (''Jennings v. Superior Court'' (1967) 66 Cal.2d 867, 874.) No prejudice need be shown for a 995 based on denial of a substantial right. (''People v. Pompa-Ortiz'' (1980) 27 Cal.3d 519, 529["The right to relief without any showing of prejudice will be limited to pretrial challenges of irregularities."]; ''People v. Coleman'' (1988) 46 Cal.3d 749, 773 ["if a defendant makes a timely motion in the trial court to set aside the information and shows that a substantial right was denied, the information must be set aside without a showing of prejudice."].)

	The following all constitute illegal commitments:		The following all constitute illegal commitments:

Sysop at 22:26, 5 May 2014

2014-05-05T22:26:41Z

← Older revision		Revision as of 22:26, 5 May 2014
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	==Dismissal of an information==		==Dismissal of an information==
	An information can be dismissed because of a lack of a probable cause or because of an illegal commitment.		An information can be dismissed because of a lack of a probable cause or because of an illegal commitment. Illegal commitments "refers to the examination of the case and the holding of the defendant to answer." (''Jennings v. Superior Court (1967) 66 Cal.2d 867, 874, citing ''Ex parte Baker'' () 88 Cal.84, 85.) However, an information will not be dismissed for "some irregularity or minor error in the procedure of the preliminary examination," but it will be dismissed if "the defendant has been denied a substantial right." (''Jennings v. Superior Court'' (1967) 66 Cal.2d 867, 874.) No prejudice need be shown for a 995 based on denial of a substantial right. (''People v. Pompa-Ortiz'' (1980) 27 Cal.3d 519, 529["The right to relief without any showing of prejudice will be limited to pretrial challenges of irregularities."]; ''People v. Coleman'' (1988) 46 Cal.3d 749, 773 ["if a defendant makes a timely motion in the trial court to set aside the information and shows that a substantial right was denied, the information must be set aside without a showing of prejudice."].)

	~~Denial~~ of ~~a substantial right~~ of the defendant is an ~~illegal commitment~~. (''Jennings v. Superior Court'' (1967) 66 Cal.2d 867) No prejudice need be shown for a 995 based on denial of a substantial right. (''People v. Pompa-Ortiz'' (1980) 27 Cal.3d 519, 529["The right to relief without any showing of prejudice will be limited to pretrial challenges of irregularities."]; ''People v. Coleman'' (1988) 46 Cal.3d 749, 773 ["if a defendant makes a timely motion in the trial court to set aside the information and shows that a substantial right was denied, the information must be set aside without a showing of prejudice."].)

	The following all constitute illegal commitments:		The following all constitute illegal commitments:
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	*Denial of the right to present an affirmative defense. (''Jennings v. Superior Court'' (1967) 66 Cal.2d 867 [59 Cal.Rptr. 440, 428 P.2d 304].)		*Denial of the right to present an affirmative defense. (''Jennings v. Superior Court'' (1967) 66 Cal.2d 867 [59 Cal.Rptr. 440, 428 P.2d 304].)
	*Denial of the right to a public preliminary hearing. (''People v. Pompa-Ortiz'' (1980) 27 Cal.3d 519, 526.)		*Denial of the right to a public preliminary hearing. (''People v. Pompa-Ortiz'' (1980) 27 Cal.3d 519, 526.)
			*Denial of the right to close the preliminary hearing. (''People v. Elliot (1960) 54 Cal.2d 498, overruled on other grounds in ''People v. Pompa-Ortiz (1980) 27 Cal.3d 519.)
			*Denial of the right to have the preliminary hearing in one session without good cause (''People v. Bucher'' (1959) 175 Cal.App.2d 343.)
	*Defendant was mentally incompetent. (''Chambers v. Municipal Court'' (1974) 43 Cal.App.3d 809		*Defendant was mentally incompetent. (''Chambers v. Municipal Court'' (1974) 43 Cal.App.3d 809
	*Prosecution recharges as a felony what the magistrate had 17b'd to a misdemeanor. (''Malone v. Superior Court'' (1975) 47 Cal.App.3d 313, 319.)		*Prosecution recharges as a felony what the magistrate had 17b'd to a misdemeanor. (''Malone v. Superior Court'' (1975) 47 Cal.App.3d 313, 319.)
	*Prosecution recharges an offense that the magistrate had dismissed on a factual finding. (''Jones v. Superior Court'' (1971) 4 Cal.3d 660, 662.)		*Prosecution recharges an offense that the magistrate had dismissed on a factual finding. (''Jones v. Superior Court'' (1971) 4 Cal.3d 660, 662.)
	*Prosecution won't reveal an informant's identity, even though the defense has shown it's material. (''People v. Paltrow'' (1978) 84 Cal.App.3d 540, 549.)		*Prosecution won't reveal an informant's identity, even though the defense has shown it is material. (''People v. Paltrow'' (1978) 84 Cal.App.3d 540, 549.)
	*Prosecution has failed to file the information within 15 days of the magistrate's holding order.		*Prosecution has failed to file the information within 15 days of the magistrate's holding order.

	==Dismissal of an indictment==		==Dismissal of an indictment==