Silver

The People appeal the order setting aside an information charging Wyatt Silver with assault by a prisoner likely to cause great bodily injury (Pen. Code, § 4501).

On May 13, 1994, the People filed a complaint in Imperial County charging Silver with assault by a prisoner likely to cause great bodily injury. When correctional officer Sergeant Mason testified at the preliminary hearing, the following colloquy occurred:

The magistrate found Mason to be a law enforcement officer with over five years’ experience and bound Silver over on the assault charge. The superior court granted Silver’s motion to set aside the information (§ 995, subd. (a)(2)(B)). The People contend this was error.

Section 872, subdivision (b) provides: “Notwithstanding Section 1200 of the Evidence Code, the finding of probable cause may be based in whole or in part upon the sworn testimony of a law enforcement officer relating the statements of declarants made out of court offered for the truth of the matter asserted. Any law enforcement officer testifying as to hearsay statements shall either have five years of law enforcement experience or have completed a training course certified by the Commission…