Dethloff

The People appeal from the superior court’s denial of their motion to reinstate a complaint, made pursuant to Penal Code section 871.5. The magistrate had dismissed the complaint after granting the motion to suppress evidence made by defendant/respondent Jeffrey L. Dethloff (respondent).

Because we conclude that the People’s section 871.5 motion was untimely and, consequently, that the superior court was without jurisdiction to consider the matter, we dismiss this appeal.

Factual and Procedural Background

On December 5, 1990, pursuant to a felony complaint, respondent was charged with driving under the influence of alcohol or drugs and with having suffered four prior convictions for the same offense. (Veh. Code, §§ 23152, subd. (a), and 23175.)

On September 11, 1991, the preliminary hearing was held. The evidence adduced at the preliminary hearing, in sum, revealed that respondent was arrested after being stopped by Los Angeles police officers who saw some white light emitting from the cracked taillight of his car. The officers smelled alcohol on his breath, and a field sobriety test was administered, which respondent failed. It was stipulated that the urine test…