People v. Municipal Court (Kong)

Opinion

FEINBERG, J.

This petition by the People for a writ of prohibition and/or mandamus challenges a magistrate’s determination, after a post-indictment preliminary hearing, that six crimes charged as felonies should be considered misdemeanors. (Pen. Code, § 17, subd. (b)(5).)1

On August 6, 1980, real party Yee Nor Kong, an operator of several garment shops, was indicted by the San Francisco Criminal Grand Jury on 6 felony and 21 misdemeanor charges. The felony charges involved failure to collect and to account truthfully for employee wage taxes (Rev. & Tax. Code, § 19408) (three counts) and…