California Court of Appeal

Magistrate's reduction of a felony charge to a misdemeanor under Penal Code section 17(b)(5) is not a dismissal under section 871, thus such action is not properly the subject of a motion for reinstatement of a felony complaint. Section 1238 does not provide for appellate review of a magistrate order of a section 17(b)(5) reduction.

Appellate Information

• Decided 01/31/2003
• Published 01/31/2003

Judges

Court

• California Court of Appeal

Counsel