Can a magistrate reduce a charge of grand theft from a felony to a misdemeanor?

As a consequence of the resulting order, it simply was no longer within the magistrate's power to reduce the felony charge to a misdemeanor. His authority, as he himself recognized when the matter was back before him, was then simply to issue the holding order under section 872. That this result is compelled under these circumstances is made clear by People v. Childs (1991) 226 Cal.App.3d 1397, 277 Cal.Rptr. 456 (hereafter Childs ). There, at the preliminary hearing, the magistrate dismissed the grand theft charges against the defendant for lack of probable cause, and rejected the prosecutor's motion to make findings of fact. Then, as here, the prosecutor brought a section 871.5 motion for reinstatement to the superior court, which that court granted. When the matter was returned to the magistrate, he reinstated the charges and issued the holding order, but refused to state that there was sufficient cause to do so and, at the request of defense counsel, made factual findings that conflicted with those of the superior court. The defendant then, again as here, moved in superior court to dismiss the charge under section 995. That court denied the motion, treating the magistrate's belated findings as "surplusage."