Burris

Proceeding in prohibition to restrain the further prosecution of petitioner on felony counts of perjury and grand theft. Writ denied.

The petition presents a question of first impression: Does a magistrate at a preliminary hearing on a complaint charging, both a felony and a misdemeanor offense have jurisdiction to pronounce judgment and impose sentence on the misdemeanor charge absent a contemporaneous disposition of the felony charge? We hold that the magistrate does not.

Statement of the Case

A criminal complaint was filed in the Municipal Court of the Visalia Judicial District, County of Tulare, charging petitioner with felony counts of perjury (Pen. Code, § 118) and grand theft (Pen. Code, § 484), and with a misdemeanor count of practicing law without a license (Bus. & Prof. Code, § 6126).

A preliminary hearing was held before a magistrate following which petitioner was bound over for trial in the superior court on the two felony charges. However, during the preliminary hearing, at the close of the presentation of the evidence, petitioner pleaded guilty to the misdemeanor count and insisted, over the objection of the People, that the magistrate pronounce…