People v. Boyd

Opinion

MOSK, J.

— Defendant was charged by information with the offense of being an ex-felon in possession of a firearm. (Pen. Code, § 12021.) He pleaded not guilty and denied the allegation of a prior conviction. Thereafter he moved to dismiss the information pursuant to Penal Code section 995 on the ground that it was based solely on incompetent evidence. The motion was granted, and the People appeal from the order setting aside the information. (Pen. Code, § 1238, subd. (a)(1).) We conclude that the order must be affirmed.

Penal Code section 12021 makes punishable any person who possesses a…