People v. Lopez

Opinion

COMPTON, J.

Following a preliminary hearing before a magistrate defendants were held to answer in the superior court and an information was filed against them charging them with having on or about July 19, 1974, committed the crime of possession of marijuana for sale in violation of Health and Safety Code section 11359. The superior court granted defendants’ motion to set the information aside pursuant to Penal Code section 995. The People appeal.

In ruling on a motion to set aside an information under Penal Code section 995, the test is whether the testimony and evidence

[266]

produced at the preliminary hearing contained sufficient competent evidence to support the magistrate’s conclusion that there was probable cause to believe that a crime had been committed and that the defendant had committed it.

(People

v.

George, 95

Cal.App.2d 425 [213 P.2d 33];

People

v.

Hall,

3 Cal.3d 992 [92 Cal.Rptr. 304, 479 P.2d 664];

Caughlin

v.

Superior Court, 4

Cal.3d 461 [93 Cal.Rptr. 587, 482 P.2d 211].) The superior court in ruling on a motion under Penal Code section 995 may not substitute its judgment for that of the magistrate as to the weight of the evidence and every legitimate inference must be drawn in favor of upholding the information. The relationship of the superior court to the magistrate in such a situation is comparable to that of a reviewing court and a trial court. The fact-finding power including that of determining the credibility of witnesses rests with the magistrate, In our review of a superior court’s ruling on a motion under Penal Code section 995, that same test is applied.