Section 170.50. Motion in superior court to dismiss prosecutor's information  


Latest version.
  • 1.    At  any  time after arraignment in a local criminal court upon a
      prosecutor's information filed at the direction  of  a  grand  jury  and
      before  entry  of  a  plea  of guilty thereto or commencement of a trial
      thereof, the local criminal court wherein the  prosecutor's  information
      is  filed  may,  upon motion of the defendant, dismiss such prosecutor's
      information or a count thereof upon the ground that:
        (a)  The evidence before the grand jury was not legally sufficient  to
      support the charge; or
        (b)    The  grand  jury  proceeding  resulting  in  the filing of such
      prosecutor's information was defective.
        2.  The criteria and procedures for consideration and  disposition  of
      such  motion  are  the  same  as those prescribed in sections 210.30 and
      210.35, governing consideration and disposition of a motion  to  dismiss
      an  indictment  on the ground of insufficiency of grand jury evidence or
      of a defective  grand  jury  proceeding;  and,  where  appropriate,  the
      general  procedural rules prescribed in section 210.45 for consideration
      and  disposition  of  a  motion  to  dismiss  an  indictment  are   also
      applicable.
        3.    Upon  dismissing  a  prosecutor's information or a count thereof
      pursuant to this section, the court may, upon application of the people,
      in its discretion authorize the people to resubmit the charge or charges
      to  the  same  or  another  grand  jury.    In  the  absence   of   such
      authorization,  such charge or charges may not be resubmitted to a grand
      jury.  The rules prescribed in subdivisions eight and  nine  of  section
      210.45   concerning  the  discharge  of  a  defendant  from  custody  or
      exoneration of bail in the absence of an authorization  to  resubmit  an
      indictment  to  a  grand jury, and concerning the issuance of a securing
      order and the effective period thereof where such  an  authorization  is
      issued,  apply  equally  where  a  prosecutor's information is dismissed
      pursuant to this section.