CSA

—This case requires us to decide whether criminal proceedings can be dismissed on the basis of a “cooperation” agreement between a defendant and local police department, not authorized by the district attorney. The trial court found law enforcement officers promised defendant a new felony charge and related probation violations would be dismissed if he worked with and provided information to the officers. The court further found defendant did both. On the basis of these findings, the trial court “enforced” the cooperation agreement and dismissed the felony charge and related probation violations. However, as we discuss herein, the law enforcement officers had no authority to promise the felony charge and related probation violations would be dismissed, and defendant’s reliance on that unauthorized promise had no constitutional consequence permitting dismissal on due process grounds.

I. Factual and Procedural Background

II. Analysis

In the trial court, the parties relied principally on federal cases both in support of and in opposition to defendant’s motion to dismiss the criminal proceedings. The trial court likewise relied principally on federal cases in its ruling on…