Dubose

The People appeal from an order dismissing, pursuant to Penal Code section 1385, a criminal action in which defendant was charged with possession of heroin (violation of Health & Saf. Code, § 11500). This dismissal immediately followed, and was based upon defendant’s successful motion to suppress evidence pursuant to section 1538.5. The cause was apparently dismissed, in furtherance of justice, on the court’s own motion on the basis that the only evidence supporting the charge was that vitiated by the suppression order. The People contend that the court erred in granting the motion to suppress and seek review of the suppression order. Such error is reviewable upon an appeal from an order dismissing an action under section 1385. (People v. Foster, 274 Cal.App.2d 778, 783 [ 79 Cal.Rptr. 397 ]; People v. Superior Court, 273 Cal.App.2d 459, 461 [ 78 Cal.Rptr. 153 ].)

The record discloses that defendant made a motion to set aside the information pursuant to section 995 and a motion to suppress evidence under section 1538.5. Both of these motions were denied. Defendant then filed, a petition for a writ of habeas corpus in which he alleged that at the time of his arrest on the…