KONOW
People v. KONOW
Opinion
Opinion
O'ROURKE, J.
The People appeal from the court's Penal Code section 995 [1] 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 coequal department of the superior court.
The People also urge us to address several other issues on which they prevailed. Because only an aggrieved party that suffers a prejudicial error can raise issues before the Court of Appeal, [2] we do not address these issues.
Defendants operated and/or worked in the California Alternative Medical Center, which sold marijuana to patients for their medical conditions. In a felony complaint filed May 17, 2000, Defendants were charged with three counts of selling marijuana. (Health & Saf.Code, § 11360, subd. (a).)
A preliminary hearing was held on September 5, 2000, before Judge Michael D. William Mudd. [3] All Defendants argued Proposition 215"the Medical Marijuana Initiative"implicitly authorized the…