Ellsworth v. Superior Court

Opinion

WALLIN, J.

Petitioner Ronald Lee Ellsworth seeks a writ of prohibition directing the superior court to vacate its order denying Ellsworth’s motion to dismiss the felony charges against him based on his plea of former conviction of the offense charged. (Pen. Code, § 1016, subd. 4.)

On March 14, 1984, Ellsworth was charged by misdemeanor complaint with possession of a weapon concealed in a vehicle (Pen. Code, § 12025, subd. (a)) and possession of a weapon by a convicted felon (Pen. Code, § 12021). The complaint was filed by Deputy District Attorney Case, a relatively new misdemeanor…