People v. Williams

BAXTER, J.,

Dissenting.—The majority holds that the People have no right to appeal—and thereby creates the possibility that the People have no right to challenge at all—a magistrate’s decision at or before a preliminary hearing to reduce a felony wobbler to a misdemeanor under Penal Code section 17, subdivision (b)(5).1 I respectfully disagree.

The result reached by the majority is surprising. As the majority concedes (maj. opn., ante, at p. 833), the People have the right to appeal the very same determination when made at sentencing. (People v. Statum (2002) 28 Cal.4th 682 [122 Cal.Rptr.2d…