Martinez

By information filed by the District Attorney of Los Angeles County the defendant was accused of the crime of violation of section 23105 of the Vehicle Code, a felony, in that he unlawfully drove a vehicle upon a highway while addicted to the use and under the influence of narcotic drugs.

Defendant made a motion under section 995 of the Penal Code to set aside the information “on the basis of illegal arrest.” The motion was granted.

The People appeal from the order setting aside the information.

Section 995 provides, in part, that an information must be set aside, upon defendant’s motion, if before the filing of the information the defendant had not been legally committed by magistrate; or if the defendant had been committed without reasonable or probable cause.

The transcript of the preliminary examination shows in substance as follows:

The officer observed that defendant’s eyes were pinpointed, his mouth was dry, his eyelids were “droopy,” and the whites of his eyes had a grayish, discolored effect. In the opinion of the officer the defendant was under the influence of narcotics. The officer arrested him for violation of narcotic laws. The defendant had not committed any…