Salazar v. Superior Court

Opinion

PREMO, J.

Petitioner Israel Villa Salazar is a defendant in a criminal prosecution for attempted murder. He seeks a statutory writ of prohibition (Pen. Code, § 999 subd. (a)) 1 following respondent court’s denial of his motion to set aside two sentence enhancement allegations of the information (§ 995). 2 He contends that no evidence was presented at the preliminary hearing to support the enhancements. We agree. We therefore grant the petition.

Scope of Review

“In determining if charges in an information can withstand a motion under section 995, neither the superior court nor the…