Anderson v. Superior Court

In Anderson v. Superior Court (1967) 66 Cal.2d 863, the trial court granted the defendant's motion to set aside an indictment pursuant to section 995, subdivision 2, on the ground that the evidence failed to establish probable cause. The People appealed and, while the appeal was pending, filed a complaint upon which a preliminary hearing was held, following which the defendant was held to answer. An information was filed; the defendant was arraigned; and the matter proceeded to trial. During voir dire of the jury a question was raised as to the court's jurisdiction to proceed while the appeal was pending, and the defendant sought a writ of prohibition. In the prohibition proceeding the defendant contended that the People were required to elect between the alternatives of appealing from the dismissal of the indictment and filing a new information or indictment. (66 Cal.2d at p. 864.) The People contended that they should be able to pursue both remedies simultaneously. (66 Cal.2d at p. 865.) The court did not fully uphold the contention of either party. It held that the People were entitled to pursue both remedies but that, to foreclose the possibility of harassment of the defendant, "the People should elect as soon as feasible between maintaining the appeal or proceeding under the new accusatory pleading. At the latest, this election should occur either when the new accusatory pleading withstands a motion under section 995 or at the time of arraignment for plea, whichever first occurs. We thereby assure the People an opportunity to obtain a valid accusatory pleading on which to go to trial, yet also guarantee that the defendant will not be called upon to defend an appeal and at the same time a trial on the basis of a second accusation, both resulting from the same alleged crime." (66 Cal.2d at p. 867.)