O'Rear

The defendant was charged with a violation of Section 20002, subdivision (a), of the California Vehicle Code which provides as follows: “The driver of any vehicle involved in an accident resulting in damage to propperty shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of section 20005 and any person failing to stop or to comply with said requirements under such circumstances is guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for not to exceed six months or by a fine of not to exceed five hundred dollars ($500) or by both. This subdivision shall not apply where the driver of a vehicle collides with any vehicle which is unattended.”

Without notice to the district attorney, the court granted defendant’s request for dismissal of the charges under the authority of Penal Code sections 1377 through 1379, upon the representation that satisfaction had been rendered to the person allegedly damaged, to wit, Timoteo P. Reyes. The plaintiff appeals upon several grounds, the most important of which is that the offense charged was not one which could be compromised or for which a dismissal…