Houser

Filed 4/13/

TO BE PUBLISHED IN THE OFFICIAL REPORTS

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

APPELLATE DIVISION

THE PEOPLE, Appellate Division No.: 211A900016C Trial Court Case No.: 19T049326C Plaintiff and Appellant, Trial Court Location: Central Division

v.

DECISION/STATEMENT OF REASONS

MATTHEW STERLING HOUSER, (CCP § 77(d)) BY THE COURT

Defendant and Respondent.

APPEAL by the People from the dismissal order entered by the Superior Court, San Diego County, Peter L. Fagan, Commissioner.

AFFIRMED.

Procedural and factual background California criminal discovery statutes provide a framework for prosecutors and defendants to exchange evidence to prepare for trial. Failure to follow these laws brings with it sanctions, up to and including dismissal. As discussed below, for infraction matters that originate in the City of San Diego, the Office of the City Attorney (the City Attorney) subpoenas witnesses and handles appeals, but it does not attend trial to present evidence. In late 2017, the City Attorney chose to address resource allocation pressures by relinquishing its…