Taylor

People v. Taylor

Good Law
1992 Cal. App. LEXIS 783·7 Cal. App. 4th 677·9 Cal. Rptr. 2d 227·92 Daily Journal DAR 8358·92 Cal. Daily Op. Serv. 5415
Court of Appeal of CaliforniaJune 19, 1992E008813California5,200 words

Opinion

Opinion

Timlin, J.

Pursuant to Penal Code section 1238, subdivision (a)(1), the People appeal from a ruling by the trial court under Penal Code section 995 setting aside the one-count information the People had filed against defendant. The gist of the People’s argument on appeal is that the trial court erroneously granted defendant’s motion to set aside the information as a consequence of its (the trial court’s) misinterpretation of the phrase “the disposal of any hazardous waste,” as that phrase is used in the California Hazardous Waste Control Law (Health & Saf. Code, div. 20, ch. 6.5, beginning with § 25100) and, in particular, in Health and Safety Code section 25189.5, subdivision (a). We agree. We shall conclude that the trial court’s ruling on defendant’s motion to set aside the information must be vacated and that the matter must be remanded to the trial court for reinstatement of the People’s information and for further proceedings consistent with this opinion.

Facts

From 1976 until the end of 1985, defendant and one Thomas Campbell were the primary owner/operators of a small company that manufactured printed circuit boards. The nature of the manufacturing business was such that…

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