People v. PLENGSANGTIP

Opinion

KING, J.

I. INTRODUCTION

Following a preliminary hearing, defendant was held to answer on a single charge of being an accessory after the fact to the November 23, 1996, murder of Luis Garcia (Garcia). (Pen. Code, § 32.) The charge was based in part on statements defendant made to police in a February 3, 2004, interview. The superior court granted defendant’s motion to set aside the information under section 995. The People appeal, on the grounds the court misapplied the law concerning accessories and failed to defer to the magistrate’s factual findings at the preliminary hearing. We…