Bismillah

People v. Bismillah

Good Law
1989 Cal. App. LEXIS 172·208 Cal. App. 3d 80·256 Cal. Rptr. 25
Court of Appeal of CaliforniaFebruary 28, 1989A042895California3,159 words

Opinion

Opinion

Anderson, J.

On December 18, 1987, the San Francisco District Attorney charged defendant and respondent Uakbar Sharrieff Bismillah with (1) four counts of assault with a deadly weapon (a vehicle) upon a peace officer (Pen. Code, § 245, subd. (b)); (2) one count of driving under the influence of an alcoholic beverage and causing bodily injury (Veh. Code, § 23153, subd. (a)), with special allegations pursuant to Vehicle Code sections 23182 and 23185, respectively, of injuring more than one victim and having three prior convictions for driving while under the influence; (3) one count of causing injury by fleeing from a peace officer while operating a vehicle (former Veh. Code, § 2800.2); and (4) one count of battery on a peace officer (§ 243, subd. (b)). The information stated defendant committed all offenses within the City and County of San Francisco, and further alleged prior service of a prison term for attempted arson (§ 667.5, subd. (b)).

Pursuant to section 995, defendant moved to dismiss the four aggravated assault counts on the ground that the magistrate committed him illegally because the San Francisco Superior Court lacked territorial jurisdiction over the charges. He further…

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