People v. Scoma

Defendant Gwendolyn Lee Scoma was charged by information with possession of marijuana in violation of section 11530' of the Health and Safety Code. Following arraignment she moved that the information be set aside because she had been held to answer without reasonable and probable cause (Pen. Code, §995) in that the only evidence against her was obtained through execution of a search warrant based upon an affidavit insufficient on its face.1 The motion was granted, and the People appeal from the order setting aside the information. (Pen. Code, § 123S, subd. 1.)

The’affidavit whose sufficiency…