People v. Sally

Opinion

BOREN, J. *

The People appeal following the defendants’ successful motion to set aside the information pursuant to Penal Code section 995. The motion was granted on the grounds that multiple hearsay evidence introduced by the People through a police officer’s testimony at the preliminary hearing was inadmissible under section 872, subdivision (b) (enacted as a part of Prop. 115, an initiative measure adopted June 5, 1990) 2 and, consequently, there was insufficient evidence to justify the magistrate’s order holding the defendants to answer. Although we find that the multiple hearsay…