Opinion
Page __
__ Cal.4th __ 17 Cal.Rptr.3d 531, 95 P.3d 810 PEOPLE v. CHACON. No. S125236. Supreme Court of California Aug. 11, 2004Prior report: Cal.App., 12 Cal.Rptr.3d 211.
Petition for review granted
The issues to be briefed and argued are specified as follows:
[17 Cal.Rptr.3d 532] (1) When the trial court denies the prosecution's pretrial motion to exclude evidence relevant to a defense, and consequently the prosecution asserts that it is unable to proceed to trial and obtains dismissal of the action pursuant to Penal Code section 1385, do the People have a right to appeal from the dismissal order?
(2) In what circumstances may a pretrial evidentiary ruling properly justify a discretionary dismissal in the furtherance of justice pursuant to Penal Code section 1385, subdivision (a), and what factors should a trial court consider in exercising its discretion? [95 P.3d 811] (3) In any appeal from a pretrial order of dismissal pursuant to Penal Code section 1385, when, if ever, are the merits of evidentiary rulings preceding the order of dismissal reviewable in that appeal?
(4) Should California law recognize the defense of entrapment by estoppel, and if so, can this defense bar a criminal conviction when the defendant relies upon the advice of a city attorney regarding the legality of her actions under state law?
GEORGE, C.J., KENNARD, BAXTER, WERDEGAR, CHIN, BROWN, and MORENO, JJ., concur.