California Court of Appeal

PEOPLE v. ORABUENA, H025987

The trial court has the discretion under Penal Code section 1385 to dismiss a non-drug-use-related misdemeanor, of which defendant was convicted in the same proceeding, that would otherwise render him ineligible for the special sentencing provisions of the Substance Abuse and Crime Prevention Act of 2000.

Appellate Information

• Decided 02/25/2004
• Published 02/25/2004

Judges

• McADAMS, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Kathleen Woods Novoa, Big Sur, for Appellant (under appointment by the Court of Appeal).


• For Appellees:
  
• Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Seth K. Schalit, Supervising Deputy Attorney General, Jill M. Thayer, Deputy Attorney General, for Respondent.