McGlothen

The People appeal from a superior court order denying their Penal Code section 871.5 motion to reinstate the complaint charging each respondent with two felony counts of attempted murder (§ 187) allegedly committed while using firearms (§§ 12022.5/1203.06), and one misdemeanor count of unlawfully carrying loaded firearms in a public place (§ 12031). We reverse.

I

First Preliminary Hearing

This case involves a shooting at the intersection of Prince and California Streets in Berkeley. Only two witnesses testified at the preliminary examination.

Robert Dubois testified that he was standing near the intersection when he saw two cars coming up California approaching Prince. The first car was a “greenish color” Chevrolet with a Black male driving and a Black male in the back seat. The man in the back seat had a gun. The car turned onto Prince Street and parked.

The second car was a “brownish” Cadillac with a white top. It carried four Black males, two in the front seat and two in the back. Mr. Dubois testified that he saw guns in both the front and back seats of the car. He identified the weapon in the front seat as an Uzi submachinegun. The Cadillac followed the Chevrolet…