Cobbs

The instant appeal is taken by the People from an order of the superior court setting aside, under Penal Code section 995, an information charging defendants Price M. Cobbs and Stanley Seiderman with certain felonies. Defendant Cobbs, although given notice according to rule 17(b), California Rules of Court, has chosen to file no respondent’s brief on the appeal.

We have concluded, for the reasons we now state, that the subject order should be reversed.

*939 The issue posed is not whether the evidence produced before the magistrate at the preliminary hearing established the defendants’ guilt beyond a reasonable doubt, but only whether the magistrate, acting as a person of ordinary caution and prudence, could conscientiously entertain a reasonable suspicion of the guilt of the defendants. (People v. Tracy, 199 Cal.App.2d 163, 167 [ 18 Cal.Rptr. 487 ].)

The defendants were jointly charged with one count of grand theft (Pen. Code, §§ 484, 487), one count of conspiracy (Pen. Code, § 182) to commit grand theft and violations of Penal Code section 72 and Welfare and Institutions Code section 14107, and fifteen counts of violation of Penal Code section 72.

Penal Code section…