People v. Fabricant

*709Opinion

KAUS, P. J.

Following a preliminary hearing, defendant was charged in a four-count information with violations of Penal Code section 12021 (possession of a firearm by,an ex-convict), section 236 (false imprisonment), section 242 (misdemeanor batteiy), and section 417 (brandishing a firearm). After a motion under Penal Code section 995, all charges except the section 12021 count were dismissed.

Defendant then made a motion purportedly under the authority of Evidence Code section 402, in which he asked the court to make a preliminary ruling on the validity of his proposed defense —…