California, United States of America
The following excerpt is from People v. Mimms, 204 Cal.App.3d 471, 251 Cal.Rptr. 672 (Cal. App. 1988):
The conclusion of the appellate department that it had jurisdiction to hear the People's appeal pursuant to section 1466, subdivision (a)(1), is based upon its analysis of People v. Peters (1978) 21 Cal.3d 749, 147 Cal.Rptr. 646, 581 P.2d 651 and its
In People v. Peters, supra, 21 Cal.3d 749, 147 Cal.Rptr. 646, 581 P.2d 651, the magistrate dismissed a felony complaint pursuant to section 1385 4 after the prosecution refused to disclose the identity of an informer. The prosecutor refiled the complaint, and a second magistrate dismissed the second complaint on the same ground. Thereafter, the prosecutor obtained a grand jury indictment. The superior court granted the defendant's motion to dismiss under section 1387. 5 The issue was whether a magistrate is a "court" with the power to dismiss an action pursuant to section 1385.