Section 170.35. Motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint; as defective

1.    An  information,  a  simplified  information,   a   prosecutor's
  information or a misdemeanor complaint, or a count thereof, is defective
  within the meaning of paragraph (a) of subdivision one of section 170.30
  when:
    (a)   It is not sufficient on its face pursuant to the requirements of
  section 100.40; provided that such an instrument or  count  may  not  be
  dismissed as defective, but must instead be amended, where the defect or
  irregularity  is  of a kind that may be cured by amendment and where the
  people move to so amend; or
    (b)   The  allegations  demonstrate  that  the  court  does  not  have
  jurisdiction of the offense charged; or
    (c)    The statute defining the offense charged is unconstitutional or
  otherwise invalid.
    2.  An information is also defective when it is filed  in  replacement
  of  a  misdemeanor  complaint  pursuant  to  section  170.65 but without
  satisfying the requirements stated therein.
    3.  A prosecutor's information is also defective when:
    (a)  It is filed at the direction of a grand jury, pursuant to section
  190.70, and  the  offense  or  offenses  charged  are  not  among  those
  authorized by such grand jury direction; or
    (b)    It  is  filed  by  the  district  attorney at his own instance,
  pursuant  to  subdivision  two  of  section  100.50,  and  the   factual
  allegations of the original information underlying it and any supporting
  depositions  are  not  legally  sufficient  to support the charge in the
  prosecutor's information.