Figueroa

This case was certified to this court by the Appellate Department of the Superior Court of San Diego County pursuant to California Rules of Court, rule 63. Danny Figueroa’s appeal raises a single issue: Does the failure of law enforcement officers to comply with the regulatory guidelines for the use of underage decoys established by the Department of Alcoholic Beverage Control (Department) constitute a defense to Business and Professions Code section 25658 criminal prosecutions in light of the statement in California Code of Regulations, title 4, division 1, article 22, section 141 (regulation 141) that failure to comply with the standards adopted by Department “shall be a defense to any action brought pursuant to Business and Professions Code Section 25658.” (Reg. 141, subd. (c).)

For the following reasons, we conclude the defense established by the departmental regulation is limited to administrative actions taken by and within the authority of Department, and does not apply to criminal prosecutions. Accordingly, we affirm the judgment.

Factual and Procedural Background

San Diego Police Detectives Rorrison and Levenberg and Investigator Powley, investigating the sale…