Dec. 13, 2022 – People v. Superior Court (Mendez) (4th Dist., Div. 2, E079069)

In a writ proceeding, the Court of Appeal reverses the trial court’s order granting defendant’s motion under PC 995 to dismiss a charge of assault with a deadly weapon (PC 245(a)(1)). The court reasons that the magistrate’s finding of insufficient evidence to support the charge does not qualify as a “factual finding” entitled to deference, and that the evidence at the preliminary hearing, under independent review, established sufficient cause to believe that defendant committed the offense.