OPINION
WOOD, Judge.
The information charged defendant with embezzlement in excess of $2,500.00. Section 30-16-8, N.M.S.A. 1978. The testimony of two witnesses at the preliminary examination was not recorded because of equipment failure. Prior to trial, defendant moved for dismissal of the information; the motion was granted. The State appealed; we reverse.
The stipulated facts, adopted by the trial court, are:
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