Yarbrough

The People appeal pursuant to Penal Code section 1238, subdivision (a)(8), 1 from a pretrial order of dismissal (§ 1385, subd. (a)) in this case charging defendant Vince Yarbrough with one count of robbery of Grace Bacud (§ 211). At issue are the appealability of the order of dismissal, the reviewability of evidentiary rulings preceding the dismissal, and whether the trial court correctly resolved the evidentiary questions before it. We find appellate jurisdiction, reach the merits of the controversy and reverse.

I. Background

Immediately before the selection of the jury, the trial court entertained defendant’s oral common law motion to suppress the victim’s in-court identification. The ground asserted was that any in-court identification by the victim would be the product of an unduly suggestive photographic lineup *1652 and an illegal prearrest showup held in the absence of counsel. The only evidence presented at the hearing was the testimony of Police Officer Matthew Meredith concerning the lineup and the showup. He recited the following details:

The robbery occurred on November 4, 1989. Twenty-five days later, Meredith went to Bacud’s house with a photographic…