Medellin

Introduction

Petitioner Linda Rivera Medellin seeks a writ of prohibition pursuant to Penal Code section 999a to restrain her trial on counts II and HI of a three count information on the ground she was committed without reasonable or probable cause.

Statement of Facts

A complaint filed in the Municipal Court of the Los Angeles Judicial District charged petitioner in count I with driving or taking a vehicle without consent of the owner, a felony, in violation of Vehicle Code section 10851; in count II with driving a vehicle under the combined influence of an alcoholic beverage and a drug, a misdemeanor, in violation of Vehicle Code section 23152, subdivision (a); in count HI with use and being under the influence of a controlled substance, phencyclidine (PCP), a misdemeanor, in violation of Health and Safety Code section 11550, subdivision (b). At the preliminary hearing, the evidence presented showed a California Highway Patrol Officer observed petitioner driving a stolen, automobile and petitioner admitted knowing the vehicle was stolen. No evidence was presented with respect to the two misdemeanor offenses. Petitioner was held to answer on all three counts by an…