Konow

In this case, we address two issues relating to the pretrial stage of a criminal proceeding. Under Penal Code section 871, after hearing the evidence presented at a preliminary examination, a magistrate must dismiss a complaint charging a felony “[i]f ... it appears either that no public offense has been committed or that there is not sufficient cause to believe the defendant guilty of a public offense.” Under section 1385, the magistrate also may dismiss such a complaint, “either of his or her own motion or upon the application of the prosecuting attorney,... in furtherance of justice.” (§ 1385, subd. (a).) If the magistrate dismisses the complaint under either provision, the People may move in superior court under section 871.5 “to compel the magistrate to reinstate the complaint.” (§ 871.5, subd. (a).) If the superior court orders the magistrate to reinstate the complaint, and if on remand the magistrate orders the defendant committed and an information subsequently is filed charging the defendant with the felony in question, the defendant may move in superior court to set aside the information under section 995 on the ground that he or she “had not been legally…