Skip to content
Name: People v. Superior Court (Schultz)
Case #: B156693
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/15/2002
Subsequent History: Rehg. denied 8/13/02; 10/15/02 depublished

Penal Code section 997 provides that when a court grants a motion to set aside an indictment or information under section 995, it may, as an alternative to discharging the defendant, direct that an information be filed, conditioned upon a subsequent hearing before a magistrate. This procedure does not conflict with article I, section 14 of the California Constitution, because it provides for a hearing before a magistrate after the new information is filed. Also, article I, section 14.1 of the California Constitution, which prohibits postindictment preliminary hearings, does not apply when an indictment has been set aside under section 995.