WHELAN, J.
The People appeal from an order granting defendant's motion to dismiss under Penal Code, section 995.
Defendant had made also a motion to suppress evidence under section 1538.5, Penal Code in support of which his counsel stated he wished to have defendant testify. Without hearing defendant testify, the court heard and ruled on the motion under section 995, Penal Code; did not pass on the other motion.
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