People v. Super. Ct. CA4/2

DISCUSSION

In this matter we have reviewed the petition and the opposition filed by real party

in interest. We have determined that resolution of the matter involves the application of

settled principles of law, and that issuance of a peremptory writ in the first instance is

therefore appropriate. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171,

178.)

In our view the case is governed by Solano v. Superior Court (People) (2009) 169

Cal.App.4th 1361, and we see no reason to disagree with that decision. The procedural

differences are immaterial and there is nothing in the statutes that supports real party in

interest’s argument that by choosing to “adult-file” in the first instance, the People must

give up their right under Penal Code section 739 to obtain, in essence, a superior court

review of the magistrate’s refusal to issue a holding order as to a specific charge. Nor do

we find the argument that the magistrate had no power to “certify” the case to adult court

relevant; the magistrate’s only duty under Penal Code section 872 is to endorse its

findings of probable cause on the complaint. According to Welfare and Institutions Code

section 707,…