Can a motion under section 995 to dismiss the gang enhancement allegation be dismissed if it is brought by the Attorney General?

Defendant contends the trial court erred by denying his pretrial motion under section 995 to dismiss the gang enhancement allegation ( 186.22, subd. (b)) on counts 1 through 3 for lack of evidence. As a preliminary matter, the Attorney General argues that because defendant did not seek pretrial writ review ( 999a) of the trial court's denial of his motion, he has forfeited his appellate challenge. But the early review afforded under section 999a is not available when the defendant files a section 995 motion more than 60 days following his or her arraignment. ( 1510; People v. Crittenden (1994) 9 Cal.4th 83, 136, fn. 12 (Crittenden).) Here, 74 days passed.