Mahru

Petitioner is charged with one count of violating Penal Code section 502, subdivision (c). In this petition for a writ of prohibition (Pen. Code, § 999a) he contends that under a proper interpretation of section 502, the evidence adduced at the preliminary examination does not create a reasonable suspicion he committed the offense.

At the preliminary examination, the evidence tended to establish the following facts. Petitioner (Mahru), an experienced computer programmer, was an employee, director, and 15 percent shareholder of BHI, a data-processing firm. In 1983 BHI contracted to provide onsite computerized data processing services for the Downey Schools Federal Credit Union.

The credit union purchased a computer and software and resold them on credit to BHI, retaining a security interest. The computer equipment was located at the credit union, in space the credit union leased to BHI. It was operated by BHI employees, not credit union employees. In a daily routine, BHI employees started the computer and ran a share draft tape containing data received overnight. Then credit union tellers could use their terminals to enter deposits and withdrawals. BHI employees attended…