Sun

The District Attorney of Orange County appeals from two different orders of the Orange County Superior Court in the above-titled case. In one of these two consolidated cases, the appeal is from an order which dismissed nine counts in the indictment charging violations of Penal Code section 12020, subdivision (a)(2), possession of large-capacity magazines. This dismissal was effected by the court’s “merging” 10 counts of violating section 12020 into one count, in direct contradiction to the statutory authority of section 12001, subdivision (l). The district attorney appeals from that portion of the order dismissing the nine counts of illegal possession of a large-capacity magazine, which is statutorily defined as “any ammunition feeding device with the capacity to accept more than 10 rounds . . . .” (See § 12020, subds. (a)(2) & (c)(25).) As the multiple counts were specifically authorized by statute, the district attorney contends the court’s action was in excess of jurisdiction. We agree and therefore reverse the order.

In the second of the consolidated cases, the district attorney appeals from the trial court’s granting a motion to suppress the firearms and ammunition—…