Parker

This is an appeal by the People (Pen. Code, § 1238, subd. (a)(1)) from an order setting aside counts I, XII, XIII, XIV, and XV of an information following the granting of defendant’s motion under section 995 of the Penal Code.

The section 995 motion was directed to the validity of a search warrant. In ruling on the motion, the superior court was acting as a reviewing court. It had no power to reweigh evidence or to make findings of fact. On this appeal we are governed by the same standards of review as were applicable in the superior court. In reviewing the magistrate’s decision we consider all the evidence which the magistrate considered, and all reasonable inferences therefrom which are supportive of the magistrate’s findings. (People v. Maltz, 14 Cal.App.3d 381, 389-390 [ 92 Cal.Rptr. 216 ].) The evidence before the magistrate relevant to the validity of the search warrant was as follows:

On December 23, 1972, Los Angeles Deputy Sheriff Garcia received an anonymous phone call advising him that by dialing the number 686-1627 bets could be placed on horse races all over the country. Garcia had been a peace officer for six years and was assigned to the bookmaking…