What is the test controlling the entitlement of the People to review by writ?

[199 Cal.App.3d 502] The test controlling the People's entitlement to review by writ is derived from People v. Superior Court (Howard) (1968) 69 Cal.2d 491, 501, 72 Cal.Rptr. 330, 446 P.2d 138. The test employs two criteria. First, the challenged trial court order must be an act "in excess of jurisdiction." Second, upon a careful balancing, the need to correct judicial errors prejudicing the People must outweigh the conflicting threat of harassment to the accused. The second criterion must be resolved against writ review whenever granting the writ would threaten defendant with double jeopardy.

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