Tharp

Petitioner William Edward Tharp seeks a writ of mandate to compel the Orange County Superior Court to grant his motion to set aside an information (Pen. Code, § 995) charging him with possession of cocaine (Health & Saf. Code, § 11350), possession of cocaine for sale (Health & Saf. Code, § 11351) and possession of marijuana for sale (Health & Saf. Code, § 11359). The sole issue presented is whether the trial court properly remanded the instant felony prosecution to the committing magistrate to correct minor errors pursuant to newly enacted section 995a, subdivision (b).

I

Police executed a search warrant on petitioner’s home, the fruits of which formed the entire basis for the charges alleged in both a complaint and subsequent information. In the affidavit in support of the warrant, a police officer described a number of drug purchases alleged to have been made between a confidential informant (designated FM-210) and petitioner. The affidavit further contained a description of a “controlled buy” made while the police watched petitioner’s home. They saw the informant, who had been searched and provided with marked money, enter the home and later exit with cocaine sans…