However, this should never be the sole purpose of the motion. Secondly, the motion can educate the new judge about the case facts, the weakness of the evidence and issues that are dispositive. When a judge in the court handling the preliminary hearing truly made a mistake in denying a motion to dismiss, a 995 motion seeks to correct that error under the court’s inherent power under Penal Code § 1385 in the furtherance of justice. Superior Court (1996) 44 Cal.App.4th 1261).įrom our experience, we think filing such a motion serves a practical purpose in two ways, but must be done carefully. Superior Court (1983) 33 Cal.3d 754 Huynh v. Superior Court (1979) 90 Cal.App.3d 944) as well as most penalty enhancements ( People v. It is also available to challenge special circumstance allegations ( Ghent v.
Superior Court (1985) 166 Cal.App.3d 290, 292-295), charges added by the judge at the preliminary hearing or those added by the district attorney after the preliminary hearing. The motion can also be used to weed out felonies to misdemeanors ( People v.
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