Posted On: March 12, 2009
SAN DIEGO CRIMINAL DEFENSE: PROSECUTORS CAN'T APPEAL THEIR OWN DISMISSAL
Where prosecutors moved to dismiss misdemeanor charges against defendant due to lack of evidence after trial court granted defendant’s motion to suppress evidence, prosecutors could not appeal adverse ruling on suppression motion.
People v. Gallagher - filed January 30, 2009, San Mateo Superior Court, Cite as 2009 SOS 1525