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Name: People v. Mesa
Case #: B226327
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 08/16/2011

Penal Code section 995a, subdivision (b)(1), permits the trial court to deny a section 995 motion to set aside the information where the claim is based on a minor error which can be expeditiously corrected by the court taking judicial notice of its own record. By complaint, appellant was charged with drug offenses, for which, on the face, the statute of limitations had expired. It was also alleged that the statute of limitations were tolled during the period of time the offense was prosecuted in a separate action. At the preliminary hearing, the prosecuting attorney failed to present evidence as to the prosecution of this separate action. The appellate court reversed the trial court’s granting of appellant’s motion to dismiss under section 995, subdivision (b)(1), finding that the error of omission was minor and could be corrected by the court taking judicial notice of its record as to the separate action. Further, the omission did not go to the element of the offense, evidence of which was otherwise provided at the preliminary hearing.