PEOPLE v. CHACON
53 Cal.Rptr.3d 876 (2007)
40 Cal.4th 558
150 P.3d 755
The PEOPLE, Plaintiff and Appellant,
Maria Socorro CHACON, Defendant and Respondent.
Supreme Court of California.
February 8, 2007.
Steve Cooley, District Attorney, George M. Palmer, Head Deputy District Attorney, Patrick D. Moran, Brent Riggs, Brentford J. Ferreira and Phyllis C. Asayama, Deputy District Attorneys, for Plaintiff and Appellant.
Nasatir, Hirsch, Podberesky & Genego, Michael D. Nasatir, Santa Monica, Tariq A. Khero; and John L. Ryan, for Defendant and Respondent.
Michael P. Judge, Public Defender (Los Angeles) and John Hamilton Scott, Deputy Public Defender, as Amici Curiae on behalf of Defendant and Respondent.
Maria Chacon was charged with violating Government Code section 1090 by holding a financial interest in a contract made by the public agency of which she
was a member.1 The trial court ruled in limine that defendant could assert the defense of entrapment by estoppel. As a result, the People announced they could not proceed and the court dismissed the case under Penal Code section 1385.2 On appeal, the People challenged the recognition of entrapment by estoppel, a question of first impression. The Court of Appeal held it was error to allow the defense, and reversed the dismissal order. We granted defendant's petition for review to consider two issues: 1) whether, on appeal from a pretrial dismissal, the People may obtain review of a ruling that assertedly rendered them unable to proceed; and 2) whether the entrapment by estoppel defense is available under the circumstances of this case.
We conclude that an in limine ruling may be reviewed on appeal from a dismissal. Further, an entrapment by estoppel defense is not available in this case. Accordingly, we affirm the judgment of the Court of Appeal.
I. FACTUAL AND PROCEDURAL BACKGROUND3
Defendant, while a member of the Bell Gardens City Council, sought and obtained appointment as city manager. Her conduct in securing that position resulted in criminal charges under Government Code section 1090.
Defendant solicited the support of fellow councilmember Rogelio Rodriguez, advising him of her desired salary and terms. However, the Bell Gardens Municipal Code provided that a councilmember was ineligible for appointment for one year following his or her departure from the council. City Attorney Arnoldo Beltran drafted an ordinance eliminating the waiting period, and Councilmember Pedro Aceituno placed it on the council agenda. Defendant joined the other councilmembers in voting unanimously for the ordinance.
The council met in a special closed session to choose a city manager. Defendant excused herself from this session, but remained in a nearby office. During a break, City Attorney Beltran asked Councilmember Aceituno to meet with defendant and the mayor to discuss defendant's appointment and contract terms. After Aceituno returned to the session, the council approved defendant's appointment, but modified her requested terms. The council then announced its decision in a public session. Defendant accepted the appointment, resigned from the council and signed an employment contract, approved by Beltran.