California Court of Appeal

The court erred by granting a Penal Code section 995 motion to set aside an information, because section 1385 does not confer a statutory privilege upon defendants to move to dismiss an action, and thus does not confer any substantial right. Section 995 does not give the court the right to review a decision made by a coequal department of the superior court.

Appellate Information

• Decided 10/09/2002
• Published 10/09/2002

Judges

• O'ROURKE, J.

Court

• California Court of Appeal

Counsel

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


• For Appellees:
  
• 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.