Caple

Petitioner William Henry Caple, Jr., (Caple), sought an alternative writ of mandate/prohibition directing the superior court to show cause why its order denying Caple’s Penal Code section 995 motion should not be reversed.

We granted an alternative writ. Because the trial court properly remanded the matter to the municipal court pursuant to section 995a, subdivision (b)(1), to correct a minor error of omission which could be expeditiously cured, the petition is denied.

Factual and Procedural Background

On February 16, 1987, at approximately 9:30 p.m., City of Gardena Police Officer Ronald Mark (Mark) effected a traffic stop on an El Camino pickup truck driven by Tyrone Johnson (Johnson) in which Caple rode as a passenger.

In the course of issuing both individuals citations for failure to wear seat belts, Mark noticed a mild odor of marijuana emanating from the car, and observed a half-burnt marijuana cigarette in the El Camino’s dashboard ashtray. In a consensual search of the vehicle, Mark located 1,233.8 grams of cocaine under some papers behind the driver’s bucket seat.

A felony complaint filed under case number A918084 charged Johnson and Caple with possession of…