People v. Onesra Enters., Inc.

*12 INTRODUCTION

The People of the State of California appeal the dismissal by the trial court of the misdemeanor case brought against defendants Onesra Enterprises, Inc., Anna Tyutina, Arsen Ordoukhanian, Irina Tyutina, Krikor Beurekjian, David Khedr, and Odette Khedr based on their unlawful operation and use of a medical marijuana business (MMB) (L.A. Mun. Code (LAMC), § 45.19.6.2).

We reject defendants' argument that the appeal is moot. City of Los Angeles (City) Proposition D, which included the MMB ordinance, was *13 repealed effective January 1, 2018, when the City enacted a comprehensive licensing scheme for retail sales of marijuana. But the repeal was not intended to be retroactive, and we can thus provide effective relief to the People by allowing them to maintain their prosecution against defendants. We also conclude reversal is required, because the trial court abused its discretion in dismissing the complaint pursuant to Penal Code section 1385 in the mistaken belief there was a lack of jurisdiction to prosecute defendants.

BACKGROUND

On July 7, 2016, a complaint was filed charging defendants violated LAMC section 45.19.6.2 on May 4, 2016. They were also charged…