This conclusion is supported by a plain reading of the statutory provisions governing notices to appear. In the case of a misdemeanor, a notice to appear “shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so,”
Cal.Penal Code § 853.6(e)(2), or “with the prosecuting attorney” if he or she has not directed the officer to file the notice with the magistrate.
Cal.Penal Code § 853.6(e)(3). If the prosecuting attorney has not directed the officer to file the notice with the magistrate, “he or she, within his or her discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate ... within 25 days from the time of arrest.”
Cal.Penal Code § 853.6(e). Notably, “[t]he failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear.
However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant.”
Id. (emphasis added). The complaint against Torres was not filed within 25 days of his arrest. Accordingly, his prosecution technically could not have been based upon the March 3 notice to appear. Strictly speaking, the charges against him were not pending before a court until Officer Conde filed the May 17 complaint.