Thiecke

Following a preliminary examination, defendant Karl Thiecke was charged by information with two counts of felony: sale of a controlled substance (count I; Health & Saf. Code, § 11379) and possession for sale of a controlled substance (count II; Health & Saf. Code, § 11378). The information also charged two counts of misdemeanor: carrying a concealed weapon in a vehicle (count III; Pen. Code, § 12025, subd. (a)), and carrying a loaded firearm in a vehicle (count IV; Pen. Code, § 12031, subd. (a)). Defendant pled not guilty to all counts and moved to set the information aside. (Pen. Code, § 995.) The superior court granted the motion as to the misdemeanor charges (counts III and IV) because no evidence had been introduced at the preliminary hearing to support them.

The People appeal. (Pen. Code, § 1238, subd. (a)(1).) They contend that a defendant is not entitled to a preliminary examination on misdemeanor charges as a condition to their prosecution in the superior court jointly with felonies charged in an information. However, the statute does not expressly preclude a preliminary hearing on misdemeanor charges. To the contrary, it contemplates that a preliminary hearing…