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Cal. Penal Code § 995

Setting Aside the Indictment or Information

Applied in 161 court decisions — leading case 35 Cal. 4th 180 - Varian Medical Systems, Inc. v. Delfino (2005)

Most recently applied in 14 Cal. 5th 235 - People v. Tacardon (December 2022)

Amended by Stats. 1982, Ch. 1505, Sec. 3.

How often courts cite this section

198219902000201020202022130
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Subject to subdivision (b) of Section 995a, the indictment or information shall be set aside by the court in which the defendant is arraigned, upon his or her motion, in either of the following cases:

(1) If it is an indictment:

(A) Where it is not found, endorsed, and presented as prescribed in this code.

(B) That the defendant has been indicted without reasonable or probable cause.

(2) If it is an information:

(A) That before the filing thereof the defendant had not been legally committed by a magistrate.

(B) That the defendant had been committed without reasonable or probable cause.

(b) In cases in which the procedure set out in subdivision (b) of Section 995a is utilized, the court shall reserve a final ruling on the motion until those procedures have been completed.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.