Can a motion to quash a grand jury indictment be quashed?

Prior to trial, appellant made a motion pursuant to Penal Code section 995, to quash the grand jury indictment on the ground that the grand jury had been selected through discriminatory practices. Specifically, appellant alleged that women had been substantially underrepresented in the Contra Costa County Grand Jury for the six years prior to and including the time of his indictment. ⁴ He now contends that the denial of that motion was error. However, appellant has failed to include as part of the record on appeal the transcript of the preliminary hearing [76 Cal.App.3d 1005] on his motion to quash. He is therefore precluded from seeking appellate review of the denial. (People v. Siegenthaler (1972) 7 Cal.3d 465, 469, 103 Cal.Rptr. 243, 499 P.2d 499.)

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Appellant moved in the trial court for a post-indictment preliminary hearing. The motion was denied. Appellant now contends that the denial was erroneous, apparently relying upon language to that effect in the concurring opinion in Johnson v. Superior Court (1975) 15 Cal.3d 248, 255, 124 Cal.Rptr. 32, 539 P.2d 792.