Ladmirault

The People appeal from the order of dismissal entered after the trial court granted defendant’s motion to set aside the information (Pen. Code, § 995) due to the unavailability of a preliminary hearing transcript.

Defendant was arraigned and pled not guilty on June 1, 1988, to a charge of robbery (Pen. Code, § 211) with allegations that he personally used a firearm during the commission of that offense (Pen. Code, § 12022.5) and had been convicted previously of a violent felony within the meaning of Penal Code section 667, subdivision (a) and section 667.5, subdivision (a). *902 Trial was initially set for June 20, 1988, but was subsequently continued, at defendant’s request, first to July 20, and later to September 21, 1988.

On August 17, 1988, defendant moved to set aside the information on the grounds that “insufficient evidence [was] introduced at the preliminary examination in this action for the defendant to have been held to answer in superior court.” In truth, however, this motion was not premised upon a lack of evidence at that proceeding but rather upon the failure of the reporter to provide a transcript thereof. Remarkably this motion was noticed for hearing…