In People v. Uhlemann (1973) 9 Cal.3d 662, the magistrate dismissed a complaint after preliminary hearing on his factual finding defendant was innocent; thereafter on an indictment charging the same offense, defendant was tried and convicted; a new trial was granted and dismissal entered on the ground the People were barred by the magistrate's dismissal from initiating additional proceedings; the orders were reversed (p. 669). Commenting that "Since a magistrate need not be a member of the bar to qualify for his position (see Pen. Code, 808, subd. 5; Gov. Code, 71601) there is some basis for reluctance to empower him with the authority to terminate forever proceedings against one accused of a criminal offense," the court said: "Even assuming that the People might appeal from an adverse decision by the magistrate, nevertheless the magistrate's factual findings would remain unreviewable for all practical purposes . . . ." (P. 668.) In his dissenting opinion Justice Mosk states: "If the prosecution construed the dismissal to be improper on an issue of law, it had the remedy of appeal ( Pen. Code, 1466, subd. 1(a) (P. 670.)