Levy

This petition for a writ of prohibition is directed against the impending trial of count 4 of an amended information, which otherwise charges the petitioner (“defendant”) with a violation of section 11500.5 of the Health and Safety Code (count 1) and a violation of section 11530 of the same code (count 2). Count 3 is directed against another defendant.

Defendant’s preliminary hearing furnished probable cause for an information charging him with the narcotics violations embodied in counts 1 and 2. It also justified the filing of two additional counts—4 and 5 of the original information—charging violations of sections 12031 and 12025 of the Penal Code, two misdemeanors. At the preliminary hearing the People offered no evidence that defendant had suffered any prior felony convictions.

A jury trial held in June 1972 resulted in a mistrial.

Thereafter, over defendant’s objection, the People were permitted to amend the information in several respects: 1. they added allegations charging defendant with two prior felony convictions which they had just discovered; 2. counts 4 and 5 of the original information were abandoned and a new count 4 was added. It charges a violation of…