Jackson v. Superior Court

This petition raises the question of whether a is “illegally committed” by the magistrate within the meaning of Penal Code section 995 when he is denied the opportunity to present testimony concerning the prejudice caused by prearrest delay. We that testimony related to a nonstatutory motion to dismiss for prearrest delay is not integral to the preliminary examination. A prevented from litigating the issue before the magistrate is not “illegally committed.” He may make his nonstatutory motion to dismiss in superior court.

On July 31, 1980, a manager for Jerome Cable and Wire Company in Mountain View arrived to discover that the premises had been burglarized. A rock and glass were found on the floor, and a safe had been pried open. Police investigation disclosed petitioner’s fingerprints on the safe and on two pieces of glass. Petitioner was formerly employed by the company.

A burglary complaint was filed September 30, 1980, and an arrest warrant issued for petitioner’s arrest. He was not arrested until November 20, 1981.

Before the preliminary examination, defense counsel notified the People that she expected to make a showing of prejudicial prearrest delay at the…