Garcia

*866 Defendant Jesse Garcia was charged by information with participating in a criminal street gang ( Pen. Code, § 186.22, subd. (a), count 1) 1 and conspiracy to obstruct justice (§ 182, subd. (a)(5) ). The charges arose out of an investigation into a 2006 *669 homicide, which had lain dormant until Garcia and other members of the Los Latinos Locos (Triple L) street gang were implicated by someone in custody on an unrelated offense. Garcia was accused of entering into an agreement with fellow gang members to lie to police and obstruct the homicide investigation, preventing police from discovering who committed the crime.

Defense counsel filed a motion to dismiss the information pursuant to section 995. On March 1, 2016, the trial court granted the motion and dismissed the information.

On appeal, the People argue the trial court erred in granting the motion because there was probable cause to believe that Garcia entered into a conspiracy to obstruct justice. In the People's view, the court wrongly *867 concluded that this charge required evidence that Garcia was an accessory after the fact (§ 32) or obstructed a peace officer in the performance of his duties (§ 148).

As…