People v. Williams

A magistrate reduced two "wobbler" felonies to misdemeanors at the conclusion of a preliminary hearing. (Pen.Code, § 17, subd. (b)(5); all further statutory references are to the Penal Code.) The district attorney appeals from the magistrate's order (G028422) and a subsequent order of the superior court denying a section 871.5 motion for reinstatement of the felony complaint (G028417). On our own motion, we consolidated the appeals.

The magistrate's reduction of a felony charge to a misdemeanor, pursuant to section 17, subdivision (b)(5), is not a dismissal under section 871. Section 871.5 specifically references several dismissal statutes, but does not list section 17, subdivision (b)(5) reductions as a basis for the motion. Therefore, such action is not properly the subject of a motion for reinstatement of a felony complaint and appeal No. G028417 is dismissed. Further, section 1238 does not provide for appellate review of the magistrate's order reducing a wobbler felony charge to a misdemeanor pursuant to section 17, subdivision (b)(5). Therefore, appeal No. G028422 is also dismissed.

Defendant hit James Hundley in the head during a "pick-up" game of basketball.…