KONOW

People v. KONOW

Good Law
102 Cal. App. 4th 1020·126 Cal. Rptr. 2d 82
Court of Appeal of CaliforniaJanuary 15, 2003D037680California3,167 words

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…

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