People v. Superior Court (Mendella)

Opinion

MOSK, J.

The People seek a writ of mandate to compel respondent superior court to vacate its order granting defendant’s motion to set aside a portion of an information. The primary question presented is whether an enhancement allegation may be challenged by a motion to dismiss under Penal Code section 995. We conclude that such a motion is a proper vehicle to test the sufficiency of evidence to support an enhancement allegation.

Defendant was charged by complaint with a violation of section 245, subdivision (a) (assault with a deadly weapon or by force likely to produce great bodily…