P. v. Hernandez
Respondents Filberto Hernandez and Daniel DeMarco were on July 30, 2008 (all subsequent dates are in that year unless otherwise indicated) charged by information with possessing methamphetamine for sale (Health & Saf. Code, 11378) and transporting methamphetamine. (Id., 11379.) The parties moved to set aside the information on the ground that they had been committed without reasonable or probable cause (Pen. Code, 995, subd. (a)(2)(B)[1]) and to suppress evidence ( 1538.5). After a hearing on December 3 and 4, the court granted the motion to suppress and set the matter for trial. The People were unable to proceed due to the granting of the suppression motion and the Court, therefore, dismissed the charges on December 8. This timely appeal was filed by the People on December 10 ( 1238, subd. (a)(7)).
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