People v. Iocca

Opinion

TAYLOR, P. J.

This is an appeal by the People from an order granting defendants’ motion to set aside the information (Pen. Code, § 995) on grounds that the preliminary hearing magistrate abused his discretion by denying a continuance to permit defendants to look for and produce the informer-participant to substantiate their entrapment defense. The appeal raises a question of first impression as to whether Penal Code section 1050 applies to preliminary examinations. We have concluded that it does not and that the order granting the 995 motion should be affirmed.

The record reveals the…