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The People v. Reyes

Docket A158095, California State Court of Appeals, First District (Aug. 6, 2019)
Jon B. Streeter, Stuart R. Pollak, Tracie L. Brown, presiding
Division4
Case TypeCR
Plaintiff - Appellant The People
Defendant - Respondent Octavio Reyes
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Opinion

Document The People v. Reyes, A158095, Opinion (Cal. Ct. App., 1st Dist. Oct. 30, 2020)
... shall set aside an information if the defendant was “committed without reasonable or probable cause.” (Id., subd. (a)(2)(B).) “ ‘[I]n proceedings under section 995 it is the magistrate who is the finder of fact; the superior court has none ...
(a)(4).) The statutory text suggests Evelyn was also a “witness.” “ ‘Witness’ means any natural person, (i) having knowledge of the existence or nonexistence of facts relating to any crime, . . . or (iii) who has reported any crime to any ...
Having consulted the usual aids to eliminating ambiguity in statutory construction—text, context and structure, overall purpose, relevant case law, legislative history—and having found a satisfactory answer in none of them, we conclude ...
Moreover, none of the cases cited by Reyes—Womack, Fernandez, and People v. Brown (2016) 6 Cal.App.5th 1074—holds that section 137, subdivision (b), does not apply to the use of fraud to induce a person to refrain from reporting a ...
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