P. v. Graham
Plaintiff and Appellant the People of the State of California appeal from the order denying their Penal Code section 871.5[1] motion to reinstate the complaint. The People filed a complaint against defendant James Russell Graham charging him with burglary and receiving stolen property. Defendant had already pleaded guilty to a subsequent burglary where he was found with items taken in the instant burglary. Defendant brought a motion to dismiss the complaint pursuant to section 654 and Kellett v. Superior Court (1966) 63 Cal.2d 822 (Kellett) arguing that the People had to file all of the cases together. The magistrate dismissed the complaint. The People filed a motion to reinstate the complaint pursuant to section 871.5, which was denied on the grounds that the superior court lacked jurisdiction to hear the appeal since section 654 and Kellett are not included in the statutory provisions appealable under section 871.5.
The People claim on appeal that the superior court erred by finding that it lacked jurisdiction to hear the motion to reinstate the complaint and that the magistrate erred in dismissing the complaint.
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