Medellin v. Superior Court

In Medellin v. Superior Court (1985) 166 Cal. App. 3d 290, the defendant was charged by complaint with one felony count of driving or taking a vehicle without consent and two misdemeanor counts, including (1) driving a vehicle under the combined influence of an alcoholic beverage and a drug and (2) use and being under the influence of a controlled substance. ( Id. at pp. 291-292.) At the preliminary hearing, no evidence was presented with respect to the misdemeanor offenses. ( Id. at p. 292.) The trial court denied the defendant's section 995 motion to set aside the information on the ground she was committed without reasonable or probable cause on the misdemeanor counts. (Ibid.) The Second District Court of Appeal issued a writ of prohibition to restrain the defendant's trial on the misdemeanor counts, holding: "Where misdemeanor offenses are joined with felony offenses for trial in superior court, they are 'public offenses triable in the superior court' (Pen. Code, 737) and must be prosecuted in the same manner as required for felony offenses. This includes a finding of sufficient cause to believe the offense has been committed and the defendant is guilty thereof. (Pen. Code, 872.)" ( Medellin v. Superior Court, supra, 166 Cal. App. 3d 290 at p. 295.)