California Court of Appeal

In this case involving federal preemption of provisions of the California Fish and Game Code sections 5653 and 5653.1, conviction of defendant and order of three-year summary probation for suction dredging without a permit is reversed and remanded for further proceedings, where: 1) the federal preemption questions cannot be answered by a review of the record of trial before the court; and 2) remand is fair to the defendant and to the People, as each party may have evidence beyond what has thus far been offered in trial court.

Appellate Information

• Decided 10/08/2014
• Published 10/08/2014

Judges

• Hull

Court

• California Court of Appeal

Counsel