Silva

This case presents a unique problem created by the efforts of the trial courts to coordinate the work of the municipal and superior courts in criminal cases. Here, the same superior court judge sat as a magistrate at the preliminary examination and later as a superior court judge after the bindover and filing of an information. Apparently, confusing the statutory authority of the magistrate under Penal Code section 17, subdivision (b)(5), the court purported to grant a motion to reduce a so-called “wobbler” offense to a misdemeanor before the adjudication of guilt. Regardless of the role in which the trial court perceived itself to act, it was without jurisdiction to grant the motion. We therefore reverse.

Statement of Facts

This appeal, brought by the People, arises from a case in which Thomas Eugene Silva, Jr., was charged with a single count of burglary of a vehicle within the meaning of section 459. It was also alleged that he had suffered two prior serious or violent felony convictions within the meaning of section 667, subdivision (b) et seq. On June 8, 1994, the case was assigned to the Honorable Jesus Rodriguez, a superior court judge sitting by assignment of…