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PEOPLE v. WILLIAMS, G028417/028422

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

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  • California Court of Appeal

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