Draper

I. Introduction

In this appeal by the People, we consider the question of whether a municipal court judge sitting as a magistrate must—or even may—revisit the issue of whether to exercise his discretion under Penal Code section 17, subdivision (b)(5), to reduce a felony charge brought under a “wobbler” type of statute to a misdemeanor after the case has been returned to him by the superior court via an order, issued under section 871.5, reinstating as a felony a “wobbler” count previously dismissed at the preliminary hearing under section 871. We hold that, particularly under the circumstances presented here, the magistrate was neither required nor permitted to revisit that issue.

II. Factual and Procedural Background

The factual background of this case is, as will become apparent, much less important than the procedural background and hence will be summarized very briefly. Suffice it to say that, on the afternoon of August 24, 1994, respondent allegedly harassed and pursued—all the time while in his automobile—two San Francisco women, a mother and daughter, who were in the former’s automobile. His alleged conduct consisted of driving his car directly at the women’s…