Hoban

The People appeal an order of the superior court dismissing various counts and allegations of the information lodged against the defendants (Pen. Code, § 995). We reverse.

Facts

The defendants were charged with the cocaine-related kidnappings and murders of Jon Cassanelli, Steven Migliori, and Virginia Openshaw Rosenberg. The defendants moved at the preliminary hearing to dismiss the com plaints against them. This motion was denied by the magistrate. The superior court, however, pursuant to a motion under Penal Code section 995, dismissed as to defendant Hoban the charges of murdering and kidnapping Steven Migliori (counts II and V of the information) and of murdering and kidnapping Virginia Openshaw Rosenberg (counts III and VI). The court also struck the special circumstance allegations as to both defendants that the murder of Jon Cassanelli (count I) had involved the infliction of torture (Pen. Code, § 190.2, subd. (a)(18)) and had occurred in the course of a kidnapping (Pen. Code, § 190.2, subd. (a)(17)). The People appeal the partial setting aside of the information in those particulars and we reverse.

I

“An information will not be set aside if there is some…