Cash

Petitioners seek a writ of prohibition or alternative writ of mandate. For the reasons expressed we hold that the writ of prohibition must issue to stop further proceedings on the information filed herein be cause petitioners have not been legally committed by a magistrate. (Pen. Code, §§ 995, 999a.)

The question is whether the superior court has appellate jurisdiction to hear an appeal from an order of a magistrate dismissing a felony complaint following the granting of a 1538.5 motion to suppress evidence. We hold that it does not.

The procedural chronology which has given rise to the issue here presented is as follows:

Purporting to act under the authority of Penal Code section 1466, (1)(a), the People filed a notice of appeal from the magistrate’s order of dismissal to the appellate department of the superior court. The appellate department reversed the magistrate’s order suppressing the evidence and remanded the case for further proceedings.

Thereafter a preliminary examination on the same complaint was before another magistrate; by stipulation it was agreed that the transcript of the first prehminary hearing would be submitted as the evidence at the second…