Domagalski

This appeal is from an order of the municipal court barring action on a misdemeanor complaint against Roger Gerard Domagalski for violation of Vehicle Code sections 23152, subdivisions (a) and (b), and 23225 (driving under the influence of alcohol and possession in a vehicle of an open container of alcoholic beverages). When an accused misdemeanant is released from arrest, he is given a “notice to appear” in court at a specific time. Under Penal Code section 853.6, subdivision (e)(3) a criminal complaint must be filed within 25 days after issuance of the “notice to appear.” At issue in this case was the effect of failure to file the criminal complaint within the prescribed time. The trial court concluded that such failure deprived the court of jurisdiction, preventing the People from pro ceeding on the basis of a late-filed complaint, absent the issuance of a new citation (notice to appear). We conclude the court was in error. The appeal is entertained in accordance with Penal Code section 1466, subdivision (a)(2), which makes appealable “an order or judgment dismissing or otherwise terminating the action before the defendant has been placed in jeopardy . . .…