Eckley

This is an appeal by the People pursuant to Penal Code section 1238, subdivision (a) (8) from a pretrial order of the superior court dismissing an indictment.

Defendant, together with Sanford Miller, M.D., Jack D. Wax, M.D., and Charla Janecek, was indicted by the Grand Jury of Los Angeles County for violations of Penal Code section 182, subdivision 4 and Penal Code section 182, subdivision 1 (conspiracy to cheat and defraud and to commit the felonies of grand theft, presentation of fraudulent claims to the State of California, and violations of Bus. & Prof. Code, § 2141.5). The indictment also charged the substantive crimes of violating Penal Code section 72 (presentation of fraudulent claims), grand theft and unlawful practice of medicine and psychotherapy in violation of Business and Professions Code section 2141.5 (practicing medicine without a license under circumstances creating risk of great bodily or mental harm). The various offenses were alleged to have been committed between March 1, 1969 and June 1, 1971.

Defendant entered pleas of not guilty, former conviction and once in jeopardy. In connection with the latter two pleas defendant presented the court with…