People v. Superior Court (Grilli)

In this extraordinary writ proceeding, the People seek mandate to compel respondent superior court to vacate its order granting the motion of defendant, real party in interest herein, to dismiss a count of attempted murder and all clauses alleging great bodily injury from an information. We have concluded that the People are entitled to relief, for the court exceeded its jurisdiction by failing to apply the relevant statutes and to follow controlling precedent (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455 [ 20 Cal.Rptr. 321 , 369 P.2d 937]; People v. Superior Court (Orecchia) (1976) 65 Cal.App.3d 842, 847 [ 134 Cal.Rptr. 361 ]).

The record shows that defendant was charged by complaint with violations of Penal Code, section 261, subdivisions 2 (rape by force and violence) and 3 (rape by threats of great and immediate bodily harm) and section 288a (oral copulation, two counts) by reason of acts committed on December 5, 1977. At a preliminary hearing in which the magistrate made no factual findings, defendant was held to answer to the superior court on all counts.

The People thereafter filed an information, in which defendant was charged, on the…