People v. Super. Ct. CA4/2

DISCUSSION

When a petition is filed involving a motion to dismiss for insufficient evidence

under Penal Code section 995, we directly review the decision of the magistrate, drawing

every legitimate inference in support of the magistrate’s ruling. (People v. Laiwa (1983)

34 Cal.3d 711; People v. Superior Court (Costa) (2010) 183 Cal.App.4th 690.) The

standard is whether the evidence introduced at the preliminary hearing would allow a

reasonable person to entertain a strong suspicion of the defendant’s guilt. (Lexin v.

Superior Court (2010) 47 Cal.4th 1050.)

In this case, the evidence presented at the preliminary hearing, viewed in the light

specified above, was that defendant, upset over a planned trip by the victim, played

“Russian Roulette” with a loaded handgun, once pointing it at the victim as he pulled the

trigger. Meanwhile, defendant was threatening to kill the victim and/or himself. Shortly

2 thereafter, as the victim tried to contact relatives, defendant grabbed her by the neck and

threw her down and choked her for several seconds.

The trial court erred in accepting as fact defendant’s proffered explanation of his

conduct as a foolish, drunken attempt to…