Aguirre

In this case we are asked to determine whether defendant Arnold Aguirre was denied a substantial right by the prosecution’s failure to inform him of the existence of confidential information pursuant to Penal Code section 859 and by its failure to provide him with several discoverable reports of Correctional Training Facility personnel until after the preliminary examination. The matter comes to us on appeal by the People from the superior court’s order granting defendant’s motion to dismiss the information. We conclude the order to dismiss must be set aside.

Background

On April 11, 1986, respondent Aguirre was charged by information with one count of possession of marijuana in a state prison (Pen. Code, § 4573.6), and with one count of battery by a state prisoner (Pen. Code, § 4501.5).

Defendant had been held to answer after the preliminary examination on March 21, 1986. At that hearing, Soledad prison guard Zamudio testified that he entered Aguirre’s cell after monitoring a telephone conversation between Aguirre and his mother. Zamudio grabbed a cellophane object that Aguirre was trying to place in his mouth. Aguirre bit Zamudio’s finger, causing the officer to…