Necochea v. Superior Court

Opinion

ROTH, P. J.

On September 13, 1971 a complaint was filed alleging the commission of three misdemeanors (Pen. Code, §§ 470 and 475a). After arraignment and continuance of the plea, and thus before the plea to the charges, a new complaint was filed alleging the three offenses, as felonies, the misdemeanor complaint was dismissed in the interests of justice (Pen. Code, § 1385), and thereafter a preliminary hearing was held on the felony complaint. Petitioner was held toi answer. An information was filed setting forth the offenses as felonies, a plea of not guilty to the charges was entered,…