Shannon

Jacob E. Shannon petitions this court for a writ of prohibition directing respondent court to set aside its order of October 30, 1991, denying his motion to set aside information pursuant to Penal Code section 995, and to grant the motion. The principal issue is whether the multiple hearsay evidence introduced by the People’s sole witness (Officer Vargas) at the preliminary hearing was admissible under Proposition 115. Real party in interest concedes that if the multiple hearsay evidence is inadmissible, there is insufficient evidence to hold petitioner to answer and the information should be set aside.

Procedural Background

After a preliminary hearing on August 28, 1991, petitioner was held to answer to one count of grand theft from the person; an information was filed alleging that on or about July 28, 1991, Shannon committed the crime of “Grand Theft Person” (Pen. Code, § 487, subd. 2) in that he took property from the person of Mia Thomas.

Shannon thereafter filed motion to set aside information under Penal Code section 995 on the ground there was insufficient evidence at the preliminary hearing to hold him to answer in that the multiple level hearsay testimony of…