P. v. Super. Ct. (Mitchell)
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In People v. Bartholomew (2022) 85 Cal.App.5th 775, 778, the Second Appellate District Court’s majority opinion acknowledged, “‘No provision of section 17, subdivision (b), authorizes the superior court judge to [determine a wobbler to be a misdemeanor] prior to judgment or a grant of probation.’” But the majority opinion held that “the People have no authority to appeal” the superior court’s pretrial order reducing a felony wobbler to a misdemeanor. The majority rejected the People’s claim that section 1238, subdivision (a)(6) authorizes such an appeal. The People did not raise the issue of whether an appeal is authorized under section 1238, subdivisions (a)(1) and (a)(8).
The Second Appellate District disapproved of the holding in Bartholomew. Here, the People petitioned for a writ of mandate directing the superior court to vacate its post-preliminary hearing, pretrial order reducing a felony wobbler to a misdemeanor. The People also filed an appeal. Because the superior court’s order is both unauthorized and appealable, the court issued the requested writ. The court directed the Superior Court of Ventura County to vacate its order reducing the felony wobbler to a misdemeanor and to reinstate the felony charge.
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