Chavez v. Superior Court
Annotate this CaseIn this case from the Court of Appeal of the State of California Second Appellate District Division Two, defendant Carlos Chavez was indicted with violent felonies and a gang enhancement. However, after the indictment, the California Legislature amended the definition of the gang enhancement, adding new elements. Chavez moved to dismiss the gang enhancement allegations, arguing that the evidence presented to the grand jury did not support these newly added elements. The issue was whether dismissal was required. The Court held that it was not. The Court found that a trial court has the inherent authority to reserve ruling on a motion to dismiss, to resubmit gang allegations to the grand jury for the prosecution to present evidence bearing on the new elements, and to thereafter rule on the motion by reviewing the sufficiency of that new evidence. Because the trial court here—in substance, if not form—followed this procedure, the Court denied Chavez's petition for a writ of mandate.
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