LOS ANGELES (AP) _ Charges against a man who pleaded innocent to beating California Secretary of State March Fong Eu were dismissed Thursday because Eu wasn't in court, but the prosecutor said he will refile the charges.

Gregory Lee Moore, 27, was ordered to stand trial on five counts of residential burglary and three counts of residential robbery, but counts of robbery and burglary with great bodily harm in the Eu attack were dismissed. Moore faces arraignment Jan. 2.

Eu, 64, was beaten with the blunt end of an ax Nov. 10 while her attacker dragged her by her hair screaming through her Hancock Park home. She underwent surgery for serious cuts and spent a week at Westside Hospital.

''She had pressing state business in another country,'' said Deputy District Attorney Tony Barreto Jr., explaining why Eu wasn't at the preliminary hearing.

The prosecutor said he had been unaware of her travel plans when the subpoena was issued. Rather than ask Municipal Court Judge Gregg Marcus to issue an arrest warrant, Barreto said he asked that the charges be dismissed.

Barreto said charges stemming from the Eu attack would be refiled in a few weeks.

''We're not going to refile the case until we are absolutely certain she'll be in court,'' Barreto said. ''When she returns, we will proceed and do her charges separately. We do hope to combine all the charges in trial.''

Municipal Court Judge Glenette Blackwell ordered Moore held without bail because he is considered an escapee for walking away in September from a downtown halfway house where he had been assigned when released on probation from a 1985 conviction for receiving stolen property.

Moore was arrested after allegedly trying to rob servants' quarters at a Beverly Hills mansion.

Eu was in Taiwan and Hong Kong on Thursday to promote California wines and brandies and was to spend the Christmas holidays with her family, said her spokeswoman Caren Daniels-Meade.