People v. Superior Court (Henderson)

The People seek a writ of mandate to compel respondent superior court to reinstate a murder charge dismissed under authority of Jones v. Superior Court (1971) 4 Cal.3d 660 [ 94 Cal.Rptr. 289 , 483 P.2d 1241 ],

On July 19, 1984, a complaint was filed accusing real party, Dean Ray Henderson, of the robbery and murder of Patricia Prenger. On May 8, 1985, at the conclusion of the preliminary hearing, Henderson was held to answer only for voluntary manslaughter. The magistrate stated that the death of Patricia Prenger occurred during the heat of passion and/or sudden quarrel.

On May 22, 1985, the People filed an information accusing Henderson of murder. Henderson filed a motion to set aside the information pursuant to Penal Code section 995 contending that the magistrate made factual findings fatal to the murder charge which precluded its refiling in superior court under the authority of Jones v. Superior Court, supra, 4 Cal.3d 660, and Walker v. Superior Court (1980) 107 Cal.App.3d 884 [ 166 Cal.Rptr. 209 ]. Respondent superior court concluded that the magistrate made a factual finding which was not subject to review and granted Henderson’s section 995 motion. The People…