PEOPLE v. S.C. (Mitchell) (2023)

The petition for review is granted. The issues to be briefed and argued are limited to the following: (1) Does Penal Code section 1238 authorize an appeal by the People from a superior court's post-preliminary hearing, prejudgment order reducing a felony “wobbler” offense to a misdemeanor? (2) If not, may the People obtain review of the order by petition for extraordinary writ?

The stay ordered by the Court of Appeal remains in effect. Pending review, the opinion of the Court of Appeal, which is currently published at (2023) 94 Cal.App.5th 595, 312 Cal.Rptr.3d 414, may be cited, not only for its persuasive value, but also for the limited purpose of establishing the existence of a conflict in authority that would in turn allow trial courts to exercise discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456, 20 Cal.Rptr. 321, 369 P.2d 937, to choose between sides of any such conflict. (See Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; Cal. Rules of Court, rule 8.1115(e)(3) and corresponding Comment, par. 2.)

Votes: Guerrero, C.J., Corrigan, Liu, Kruger, Groban, Jenkins and Evans, JJ.