Weltsch

Defendant George Weltsch was charged by information with the crime of attempted grand theft. The People’s theory at his preliminary hearing was that he did attempt (see Pen. Code, § 664), by false pretenses, to defraud certain undercover officers of money in excess of $200, with intent thus to commit grand theft as defined by Penal Code sections 484 and 487.

The superior court record indicates that over the district attorney’s objection the following proceedings were taken.

Weltsch had moved under Penal Code section 995 to set aside the information charging attempted grand theft, and to amend the information to charge only a violation of Penal Code section 351a, a misdemean- or. A subsequent order of the court recited: “Defendant’s motion under 995 PC is granted with the stipulation that Information be amended to charge a violation of Section 351(a) PC alleged to have occurred on November 3, 1976. Defendant enters a plea of Guilty to VS [j/c] 351(a) PC. . . .”

The parties construe the above order as a dismissal of the information insofar as it charged Weltsch with grand theft. We also so construe it.

The People appeal from the order of dismissal. They contend that…