Teerlink

Heber N. Teerlink was charged in the municipal court with driving a vehicle while under the influence of intoxicating liquor, a violation of Vehicle Code section 23102. His trial resulted in a jury disagreement and declaration of a mistrial. He was not again brought to trial within 30 days thereafter. The municipal court denied his motion taken under Penal Code section 1382 to dismiss. On application for prohibition to the superior court, that court entered its order granting “a Writ of Prohibition against the Municipal Court . . . from proceeding further with this matter.”

The People appeal from the nonappealable (see Code Civ. Proc., § 904.1) “writ of prohibition.” Applying the rule of liberal construction we treat the appeal as from the order (in its effect a judgment) granting “a Writ of Prohibition against the Municipal Court . . . from proceeding further with this matter.” (See rule 1, California Rules of Court; Karrell v. Watson, 116 Cal.App,2d 769, 112-11A [ 254 P.2d 651 , 255 P.2d 464 ]; 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 336.)

As relevant, the record before the superior court discloses the following.

Teerlink is a well-known and active trial…