Guevara

The People appeal pursuant to Penal Code section 1238, subdivision (a)(1) from an order dismissing the informa tion following the granting of defendant’s motion pursuant to section 995. The ground upon which defendant’s motion was made was “that the Defendant has not been legally committed by a magistrate, that the Defendant has been committed without reasonable or probable cause.” The supporting memorandum argued the insufficiency of the evidence at the preliminary hearing to establish essential elements of the charges. The superior court, however, did not reach the merits of this ground, as the following transcript of the hearing demonstrates:

At the request of the People this court has taken judicial notice of the eight count original felony complaint, of the eleven count amended complaint in the files of the municipal court and of the docket sheet recording the proceedings in the municipal court.

The docket sheet of the action shows that defendant was arraigned on June 25, 1981, on the original complaint and pleaded not guilty.

On July 7, 1981, the first amended complaint was filed and on that date the docket sheet shows that in Division 2, defendant was arraigned…