People v. Super. Ct. CA4/2

California Court of Appeal May 28, 2014 No. E060905Unpublished

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Holding. The court held that the People may file an information in superior court under Penal Code section 739 following a magistrate's refusal to issue a holding order on a specific charge, even if the case was initially filed in adult court.

Issues

Whether the People waive their right to file an information in superior court by initially filing in adult court or by failing to object to a remand order.
Whether the People may seek superior court review of a magistrate's refusal to issue a holding order under Penal Code section 739.

Disposition. Granted

Quotations verified verbatim against the opinion

“there is nothing in the statutes that supports real party in interest’s argument that by choosing to “adult-file” in the first instance, the People must give up their right under Penal Code section 739”

“We also decline to find that the People waived their right to file an information in the superior court by failing to object at the time of the order of remand”

Filed 5/28/14 P. v. Super. Ct. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Petitioner, E060905

v. (Super.Ct.Nos. FVI1401006 & J254119) THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, OPINION

Respondent;

BRANDON SKAGGS,

Real Party in Interest.

ORIGINAL PROCEEDINGS; petition for writ of mandate. Eric M. Nakata and

Larry W. Allen, Judges. Granted.

Michael A. Ramos, District Attorney, and Brent J. Schultze, Deputy District

Attorney, for Petitioner.

No appearance for Respondent.

Friedman, Gebbie, Cazares, & Gilleece, and Robert Friedman for Real Party in

Interest.

DISCUSSION

In this matter we have reviewed the petition and the opposition filed by real party

in interest. We have determined that resolution of the matter involves the application of

settled principles of law, and that issuance of a peremptory writ in the first instance is

People v. Super. Ct. CA4/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

BRANDON SKAGGS,

DISCUSSION

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DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

KING J.

CODRINGTON J.

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