Griffith

Paul Stephen Griffith (petitioner) is charged in an information with a felony and two misdemeanors. He moved to set aside one of the misdemeanors on the ground that no evidence supporting the charge was offered at the preliminary hearing. (Pen. Code, 1 § 995, subd. (a)(2)(B).) The *947 trial court concluded that cases establishing the need to present such evidence (e.g., Medellin v. Superior Court (1985) 166 Cal.App.3d 290 [ 212 Cal.Rptr. 171 ] (Medellin); People v. Thiecke (1985) 167 Cal.App.3d 1015 [ 213 Cal.Rptr. 731 ] (Thiecke)), are no longer controlling in light of subsequent amendments to the governing statutory scheme. We conclude that the statutory changes at issue—the 1990 addition of section 866, subdivision (b) pursuant to Proposition 115, and the 1998 amendment of section 737 to account for trial court unification—were not intended to abolish the long-standing rule that misdemeanors included in an information are subject to dismissal under section 995 if not supported by a showing of probable cause at the preliminary hearing. Accordingly, we shall grant the writ.

FACTS AND PROCEDURAL HISTORY

Petitioner was initially charged by felony complaint with one…