Miranda

Petitioner seeks a writ of prohibition directing the superior court to set aside its order denying his Penal Code section 995 motion to dismiss an allegation of prior felony convictions.

Petitioner, charged with two prior felony convictions under section 667, subdivisions (b) through (i) , popularly known as the “Three Strikes” law, makes a single contention: that the allegation charging him with two prior felony convictions should have been dismissed because no evidence to support the strike priors was adduced at the preliminary hearing.

We conclude the prosecution is not required to present evidence supporting prior felony allegations at the preliminary hearing. Accordingly, the petition is denied.

Factual and Procedural Background

A complaint was filed charging petitioner in count 1 with felony possession of a controlled substance in violation of Health and Safety Code section 11350, and in count 2 with a misdemeanor violation of Health and Safety Code section 11364, possession of a drug injection device. As to count 1, he was charged, pursuant to section 667, subdivisions (b) through (i) with having been previously convicted of assault with a deadly weapon (§…