People v. Sherwin (2000)

green · 14 citation events across 2 courts. Showing the 4 strongest citers on record (one row per citing case, strongest signal kept).

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green People v. Lash CA1/4 (2024)

Rule Authority · Cal. Ct. App.

Lash would then have been free to challenge the amendment with a section 995 motion. (§ 995, subd. (a)(2)(B) [information shall be set aside if defendant has been committed without reasonable or probable cause]; People v. Sherwin (2000) 82 Cal.App.4th 1404, 1411 [purpose of a section 995 motion to set aside accusatory pleading is to review sufficiency of information based upon preliminary hearing record].) Likewise, as noted ante, the prosecution could elect to proceed with …

green Rodas-Gramajo v. Super. Ct. (2023)

Rule Authority · Cal. Ct. App.

(People v. Sherwin (2000) 82 Cal.App.4th 1404, 1410 (Sherwin).) It was proper for enforcing compliance with a statute that once forbade the state from charging a defendant with welfare fraud before it had sought restitution.

green People v. See CA5 (2015)

Rule Authority · Cal. Ct. App.

(People v. Sherwin 10. (2000) 82 Cal.App.4th 1404, 1411 (Sherwin); In re Kowalski (1971) 21 Cal.App.3d 67, 70 (Kowalski) [second judge erred by considering renewed § 995 motion without any showing of changed circumstances].) Appellant has not established any changed circumstances justifying a renewed motion.

green Lexin v. Superior Court (2007)

Cited · Cal. Ct. App. · signal: see · 2 citations in this opinion

STANDARD OF REVIEW "The purpose of a motion to set aside the accusatory pleading under Penal Code section 995 is to review the sufficiency of the indictment or information on the basis of the record made before the grand jury in the one case or the magistrate at the preliminary hearing in the other." ( People v. Crudgington (1979) 88 Cal.App.3d 295 , 299 [ 151 Cal.Rptr. 737 ]; see People v. Sherwin (2000) 82 Cal.App.4th 1404 , 1411 [ 98 Cal.Rptr.2d 888 ].) "[I]n proceedings …