Wheeler
Wheeler v. Appellate Division of Super. Ct.
Opinion
Opinion
Jenkins, J.
Opinion of the Court by Jenkins, J.
Dismissals of criminal actions are permitted “in furtherance of justice.” (Pen. Code, § 1385, subd. (a).)1 We have held that trial courts evaluating an “in furtherance of justice” dismissal may consider a charged crime’s characteristics. Here, we conclude the trial court did not err in considering, amongst other circumstances, defendant and petitioner Emily Wheeler’s innocent state of mind when it dismissed misdemeanor charges the parties agree would impose strict liability and which were premised on municipal law that permitted noncriminal sanctions for the least culpable violators. We therefore reverse the judgment of the Court of Appeal, which concluded otherwise, and direct that the dismissal should stand.
1 Subsequent statutory references are to the Penal Code unless otherwise noted. I. BACKGROUND A. Charges Against Defendant In 2019, the City of Los Angeles, acting for the People of the State of California, issued a misdemeanor criminal complaint alleging unlicensed cannabis activity on property within city limits. The complaint charged defendant and petitioner Wheeler, the property owner, and her son, Aaron Wheeler, with various Los…