People v. Jackson

In an information filed by the District Attorney of Santa Barbara County, 9 defendants were charged in varying combinations of 23 felony counts with burglary, receiving stolen property, possession of dangerous drugs, possession of marijuana, possession of a billy club and assault with a deadly weapon upon a police officer. Not all defendants were charged in each count.

Following a motion under section 995 of the Penal Code, the superior court ordered dismissal of certain counts and refused to dismiss others.

Two, of the defendants did not participate in the 995 proceedings. Defendant Edwards had waived preliminary hearing and had no standing to attack the information. Defendant Kennedy failed to appear for arraignment and is a fugitive from justice.

The People appeal from the portion of the order dismissing certain counts. Defendants Allen and Jackson seek a writ of prohibition to prevent their trial on those counts which the court refused to dismiss.

The superior court’s order dismissed all charges against defendants Rainey and Mason.

While some of the counts were dismissed as to defendants McMillan, Johnson and Harris, other charges against them remain. They have…