People v. Super. Ct. (Mitchell)

Filed 8/16/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, 2d Civil No. B326653 (Super. Ct. No. 2018009315) Petitioner, (Ventura County) v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; RICHARD ALLEN MITCHELL, Real Party in Interest. We hold that Penal Code section 1238, subdivisions (a)(1) and (a)(8) permit the People to appeal a superior court’s post- preliminary hearing, pretrial order reducing a felony “wobbler” to a misdemeanor because the order is unauthorized and tantamount to a dismissal of the…