People v. Superior Court CA4/2

I. INTRODUCTION

Defendant and real party in interest, Sanjay Bagai (defendant), was charged in a

felony complaint with violation of Penal Code1 section 245, subdivision (a)(1). At his

preliminary hearing, defendant moved to reduce the charge to a misdemeanor pursuant to

section 17, subdivision (b)(5). The magistrate orally denied defendant’s request,

pronounced that he would hold defendant to answer, and set a subsequent hearing to

permit defendant to bring a motion for reconsideration. At the subsequent hearing, the

magistrate granted defendant’s request to reduce the charge to a misdemeanor offense,

purportedly pursuant to section 17, subdivision (b)(5).

The People seek review of the order granting defendant’s motion for

reconsideration by way of a petition for writ of mandate, arguing that the magistrate lost

jurisdiction to reduce the charge pursuant to section 17, subdivision (b), once an order

holding defendant to answer was filed. We agree with the People that under section 17,

subdivision (b)(5), a magistrate possesses the authority to reduce charges against a

defendant until the time an order holding defendant to answer is filed. Thereafter, the

magistrate…