In Esteybar v. Municipal Court (1971) 5 Cal.3d 119, the court rejected the idea that the prosecutor's charging discretion was violated by precluding the prosecutor from prohibiting a court from determining a case is a misdemeanor after it has been filed as a felony. The court stated: "This argument overlooks the fact that the magistrate's determination follows the district attorney's decision to prosecute. Stated in Tenorio, 'When the decision to prosecute has been made, the process which leads to acquittal or sentencing is fundamentally judicial in nature.'" (Esteybar, supra, 5 Cal.3d at p. 127.)