Henry

After petitioner (defendant) was formally charged with a felony, the statutory provision he was alleged to have violated was inadvertently eliminated; almost one month later it was restored. Throughout this confusion of legislative activity, the charge against defendant has endured despite his entreaty to the lower court that this series of events leaves him absolved of criminal liability. He now presses the same theory upon this court where it will again be rejected.

A complaint filed in respondent municipal court on October 23, 1984, charges defendant with a violation of subdivision (b) of Health and Safety Code section 11550. (Hereafter § 11550.) The complaint alleges that on October 22, 1984, defendant unlawfully used “and/or” was under the influence of phencyclidine, a controlled substance specified in subdivision (e) of Health and Safety Code section 11055 (hereafter § 11055). In this petition, defendant seeks a writ of prohibition or mandate directing respondent municipal court to vacate its order overruling and to enter a new order sustaining his demurrer to the complaint (see Code Civ. Proc., § 904.1, subd. (a)(4)).

Defendant’s demurrer is based upon certain…