The Second Appellate District granted a defendant’s petition for writ relief. The court held that the trial court erred in finding that a prosecutor was not required to present, at preliminary hearing, supporting evidence not only for the single felony that was charged, but also for all misdemeanors charged in conjunction with that felony.
Paul Griffith was charged with a felony and two misdemeanors. Following a preliminary hearing, he moved to set aside one of the misdemeanors on the ground that the prosecutor had failed to offer any evidence in support of that charge.
