People v. Eitzen

*256Opinion

SIMS, J.

The People have appealed (Pen. Code, § 1238, subd. (a)(1)) from a decision granting the defendant’s motion to dismiss pursuant to Penal Code section 995, four counts of a six-count amended information. It is concluded that the three issues raised by the parties must be resolved as follows: the prosecutor was not precluded from charging four counts of grand theft because the magistrate failed to hold the defendant to answer three of those charges; the uncontradicted evidence produced at the preliminary hearing'was sufficient to show reasonable and probable cause to hold the…