PLENGSANGTIP

I. INTRODUCTION

Following a preliminary hearing, defendant was held to answer on a single charge of being an accessory after the fact to the November 23, 1996, murder of Luis Garcia (Garcia). (Pen. Code, § 32.) The charge was based in part on statements defendant made to police in a February 3, 2004, interview. The superior court granted defendant’s motion to set aside the information under section 995. The People appeal, on the grounds the court misapplied the law concerning accessories and failed to defer to the magistrate’s factual findings at the preliminary hearing. We conclude that the evidence adduced at the preliminary hearing was sufficient to support the accessory charge. Accordingly, we reverse the order setting aside the information.

H. FACTS AND PROCEDURAL HISTORY

A. Background

In August 2004, a complaint was filed charging defendant with being an accessory after the fact to the 1996 murder of Garcia. (§ 32.) The complaint alleged that on November 23, 1996, Woravit Mektrakam, also known as Kim Mektrakam (Kim), murdered Garcia, and on the same date, defendant, with knowledge of the murder, “did harbor, conceal, and aid said Woravit Mektrakam, with the…