People v. Superior Court (Mitchell)

Opinion of the Court by Guerrero, C. J.

In this matter, we consider (1) the scope and limits of the People’s ability to challenge a trial court order in pretrial criminal proceedings by appeal or petition for writ of mandate and (2) the duration and effect of a temporary stay ordered by an appellate court in writ proceedings. In 2018, Richard Allen Mitchell was charged with one felony count of resisting an executive officer (Pen. Code, § 69, subd. (a)) and one misdemeanor count of possessing a controlled substance (Health & Saf. Code, § 11377, subd. (a)). The prosecution alleged, among other things, that Mitchell had a prior “strike” conviction for battery with serious bodily injury. (Pen. Code, §§ 243, subd. (d), 667, subd. (d)(1).) Five years later, with a jury trial about to begin, the trial court ordered that the felony count be reduced to a misdemeanor, ostensibly under Penal Code section 17, subdivision (b).1 The court then granted a defense motion to continue the trial and referred the matter for screening for entry into a veterans court program.

1 Among other things, Penal Code section 17, subdivision (b) identifies circumstances in which a court may declare an…