PEOPLE v. KONOW

No. D037680.

126 Cal.Rptr.2d 82 (2002)

102 Cal.App.4th 1020

The PEOPLE, Plaintiff and Appellant, v. Carolyn KONOW et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

As Modified on Denial of Rehearing November 6, 2002.

Review Granted January 15, 2003.


Attorney(s) appearing for the Case

Paul J. Pfingst, District Attorney, Thomas F. McArdle, Anthony Lovett and Josephine A. Kiernan, Deputy District Attorneys, for Plaintiff and Appellant.

Michael J. McCabe, Los Angeles, under appointment by the Court of Appeal, for Defendant and Respondent Carolyn Konow.

Steven J. Carroll, Public Defender, under appointment by the Court of Appeal, Matthew Braner and Selena Dong, Deputy Public Defenders, for Defendant and Respondent Steven Rohrer.

Cynthia M. Sorman and Diane Nichols, San Diego, under appointment by the Court of Appeal, for Defendant and Respondent Amy Toosley.

Marianne Harguindeguy Cox, under appointment by the Court of Appeal, for Defendant and Respondent Daniel O'Neil.


O'ROURKE, J.

The People appeal from the court's Penal Code section 9951 order dismissing criminal charges against Carolyn Konow, Stephen Rohrer, Amy Toosley, and Daniel O'Neil (collectively Defendants). We find the court erred on two alternative grounds: 1) the court erred because section 1385 does not confer a substantial right; and 2) the court erred because section 995 does not give the court the right to review a decision made by a...

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