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Name: People v. Gutierrez
Case #: B169161
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 12/16/2004

Where the defendant has successfully moved to suppress evidence before a magistrate, and the prosecution has successfully moved to reinstate the complaint under Penal Code section 871.5, the defendant need not renew the motion before the superior court in order to preserve the issue for appeal.