Can a party appeal from a finding that the evidence insufficient to establish probable cause and then proceed to trial on the same charges on a new accusatory pleading?

Thus, the question before the court was whether the People could appeal from a decision that the evidence was insufficient to establish probable cause and at the same time proceed to trial on the same charges on a new accusatory pleading. Not surprisingly, the answer was "no." The harassment of the defendant of which the court spoke was his having to defend against the charges at trial while simultaneously defending the appeal. The election was required because the People were attempting to proceed with both remedies simultaneously. (See People v. Bogart, 7 Cal.App.3d 257, 264, 86 Cal.Rptr. 737.) The decision did not involve successive exercise by the People of their two statutory remedies, nor was that discussed.