Murray

By information defendant was charged with a violation of Health and Safety Code section 11501 (selling heroin). His motion under Penal Code section 995 was granted and the case dismissed. The People appeal from the order setting aside the information. The appeal lies. (Pen. Code, § 1238, subd. (a)(1).)

At the preliminary hearing Francisco Garcia, a police officer of the City of Los Angeles, testified that on the day in question he was assigned to the administrative narcotic division buy team. A person named Julio, previously unknown to Garcia, was assigned to work with him. Julio was to help buy dope. Garcia had not searched Julio. While on San Pedro Street, Julio observed defendant and said to Garcia, “Give me $8.00. There goes J. C.” Garcia gave him eight one dollar bills. Garcia and Julio got out of their car, crossed San Pedro and approached defendant and his female companion. Julio said to defendant, “Why don’t you let me have a bag for $7, I need a dollar for gas.” Garcia believed he was referring to a bag of heroin. Defendant said “Okay” and was handed $7 by Julio. After taking the money defendant said, “Pine will give it up.” Garcia and Julio entered the lobby of…