People v. Elias

Opinion

DAVIS, J.

This is an appeal by the People based upon the superior court’s dismissal of an information pursuant to Penal Code section 1387. 1 We shall reverse.

On August 19, 1988, the People filed complaint No. F-44986 in the municipal court charging defendant with grand theft (Pen. Code, § 487, subd. (1)). On August 26, complaint No. F-45050 was filed in the municipal court charging defendant with the same grand theft olfense but adding two prior felony convictions.

On September 2, defendant was held to answer on the first filed complaint, complaint No. F-44986, and on September 7, based…