People v. Contreras

The People have appealed from the order of the trial court setting aside an information charging defendant and respondent with possession of marijuana. The order presented for review was entered upon the granting of defendant’s motion made under Penal Code section 995 which authorizes such order upon a showing (1) that “the defendant had not been legally committed by a magistrate;” or (2) that “the defendant had been committed without reasonable or probable cause.”

The determinative issue is whether or not the record supports the trial court’s implied conclusion that the magistrate acted…