People v. Superior Court (Mitchell)

Summary

The court held that a superior court's unauthorized pretrial reduction of a felony wobbler to a misdemeanor is not appealable by the People under Penal Code section 1238 because it modifies, rather than dismisses or terminates, the charged offense. The order may nevertheless be reviewable by writ of mandate as an act in excess of jurisdiction when the need for review outweighs the risk of harassment. The court also held that a Court of Appeal's temporary stay remains effective until its opinion becomes final and remittitur issues, rendering proceedings conducted in violation of the stay void. The court affirmed the Court of Appeal's judgment without deciding whether writ relief was warranted under the circumstances.