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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?

(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…

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