§ 995a. — 995a. (Amended by Stats. 1982, Ch. 1505, Sec. 4.)

California § 995a.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 6.
• Part 2.: TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL
• Ch. 2.: CHAPTER 2. Setting Aside the Indictment or Information

Text

(a)
If the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon, the court shall order them to be so inserted or indorsed; and if the information be not subscribed by the district attorney, the court may order it to be so subscribed.
(b)
(1)
Without setting aside the information, the court may, upon motion of the prosecuting attorney, order further proceedings to correct errors alleged by the defendant if the court finds that such errors are minor errors of omission, ambiguity, or technical defect which can be expeditiously cured or corrected without a rehearing of a substantial portion of the evidence. The court may remand the cause to the committing magistrate for further proceedings, or if the parties and the court agree, the court may itself sit as a magistrate and conduct further proceedings. When remanding the cause to the committing magistrate, the court shall state in its remand order which minor errors it finds could be expeditiously cured or corrected.
(2)
Any further proceedings conducted pursuant to this subdivision may include the taking of testimony and shall be deemed to be a part of the preliminary examination.
(3)
The procedure specified in this subdivision may be utilized only once for each information filed. Any further proceedings conducted pursuant to this subdivision shall not be deemed to extend the time within which a defendant must be brought to trial under Section 1382.

Legislative History

Amended by Stats. 1982, Ch. 1505, Sec. 4.