California Court of Appeal

People v. Mgebrov, A118081

Conviction for committing of a lewd and lascivious act involving child under the age of 15, sexual battery, and resisting a peace officer is affirmed and trial court order dismissing accusatory pleading of defendant is vacated where: 1) trial court erred by referencing defendant's prior convictions and dismissing the "accusatory pleading"; and 2) plain and commonsense meaning of the text of section 1203.4, indicating trial courts may set aside guilty verdicts on individual counts in an information and dismiss the counts pursuant to section 1203.4, subdivision (a), supports trial court's ruling.

Appellate Information

• Decided 08/29/2008
• Published 08/29/2008

Judges

• LAMBDEN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edmund G. Brown, Jr., Attorney General of the State of California, Amy Haddix, Deputy Attorney General, Kamala D. Harris, District Attorney of San Francisco, Laura L. Zunino, Assistant District Attorney, for Plaintiff and Appellant The People.


• For Appellees:
  
• John J. Doyle, Attorney at Law, San Francisco, Under Appointment by the Court of Appeal, for Defendant and Respondent Nicolay Y. Mgebrov.