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May the People Seek Review of a Superior Court’s Post-Preliminary Hearing, Prejudgment Order Reducing Felony “Wobbler” Offense to a Misdemeanor?

Case Name: People v. Superior Court (Mitchell) (2023) 94 Cal.App.5th 595, review granted 11/21/2023
Case #: S281950/B326653
Last Updated: January 10, 2024

(1) Does Penal Code section 1238 authorize an appeal by the People from a superior court’s post-preliminary hearing, prejudgment order reducing a felony “wobbler” offense to a misdemeanor? (2) If not, may the People obtain review of the order by petition for extraordinary writ?

On 12/5/2023, the People filed a motion to dismiss review. The Real Party in Interest (defendant Mitchell) filed an opposition. On 1/10/2024, the court denied the People’s motion to dismiss and requested supplemental briefing on the following issues: (1) In the absence of further order or other direction, when does a Court of Appeal’s temporary stay of superior court criminal proceedings against a defendant expire? (2) If the temporary stay issued by the Court of Appeal had not expired at the time of defendant’s guilty plea, what was the effect, if any, of the stay on the resolution of defendant’s criminal proceedings?

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