Ulloa

This is an appeal by the People of the State of California from a judgment granting a writ of mandate and from the result *1075 ing peremptory writ of mandate. The superior court directed the respondent municipal court in the writ to vacate its prior order overruling Mr. Ulloa’s demurrer to a misdemeanor complaint and to instead make a new order sustaining the demurrer, or in the alternative, to amend the misdemeanor complaint.

Petitioner and respondent herein, Paul Ulloa, was charged by misdemeanor complaint in municipal court with a violation of Vehicle Code section 23105, subdivision (a). The complaint recited that on November 14, 1979, respondent “did wilfully and unlawfully operate a motor vehicle upon a highway while under the influence of a drug.” The “drug” or “family of drugs” relied upon as the basis for the offense was undescribed and undesignated in the complaint.

Respondent Ulloa filed a written demurrer to the complaint on the ground that the complaint failed to specify the drug or family of drugs being relied upon as the basis for the charged offense and that this omission constituted a failure to give him proper notice of the charges against him…