Yarbrough

The People appeal pursuant to Penal Code section 1238 , subdivision (a)(8), 1 from a pretrial order of dismissal (§ 1385, subd. (a)) in this case charging defendant Vince Yarbrough with one count of robbery of Grace Bacud (§ 211). At issue are the appealability of the order of dismissal, the reviewability of evidentiary rulings preceding the dismissal, and whether the trial court correctly resolved the evidentiary questions before it. We find appellate jurisdiction, reach the merits of the controversy and reverse.

The robbery occurred on November 4, 1989. Twenty-five days later, Meredith went to Bacud's house with a photographic lineup. Bacud chose defendant's photograph stating, according to Meredith, that "[s]he was fairly sure that he was the person and that she'd like to look at him in person and she'd be sure."

Later that evening, Meredith spotted defendant and a man named Jenkins in the parking lot of a bank, apparently the site of the robbery. Meredith directed another police officer, Officer Moore, to detain defendant and directed defendant to "`stay here with Officer Moore.'" Meredith returned to the victim's house to transport her to the bank. At that time Bacud told…