Aug. 16, 2023 – People v. Superior Court (Mitchell) (2nd Dist., Div. 6, B326653)

The Court of Appeal holds that PC 1228(a)(1) and (a)(8) authorize the People to appeal a trial court’s post-preliminary hearing, pretrial order reducing a felony wobbler to a misdemeanor, because such an order is “unauthorized and tantamount to a dismissal of the felony offense.” The court further finds that the trial court lacked authority to reduce the felony wobbler to a misdemeanor under PC 17(b); therefore, the court issues a writ of mandate directing the trial court to vacate its order and reinstate the felony charge.