People v. Rinehart CA3

FACTS AND PROCEEDINGS

On August 30, 2012, the District Attorney of Plumas County filed a criminal complaint charging defendant with a violation of section 5653, subdivision (a) in that he used vacuum and suction dredge equipment in a river, stream, or lake without a permit (Count I) and with a violation of section 5653, subdivision (d) in that he possessed a vacuum and suction dredge within an area closed to the use of that equipment and within 100 yards of waters closed to the use of that equipment (Count II). On October 30, 2012, defendant demurred to the complaint arguing that, in light of section 5653.1 as amended, the state has “indefinitely suspended the issuance of all permits for suction dredging, closing all waters of the state to” that use. On December 18, 2012, the trial court overruled the demurrer. On May 15, 2013, defendant waived his right to a jury and agreed to a court trial regarding the violations with which he was charged. The parties stipulated to the following facts: “1. On or about June 16, 2012 Defendant Brandon L. Rinehart did use vacuum and suction dredge equipment in the County of Plumas in a river or stream in the Plumas National Forest in an area…