P. v. Superior Court CA4/2
Defendant and real party in interest, Sanjay Bagai (defendant), was charged in a felony complaint with violation of Penal Code 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.
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