P. v. Guerrero
The People appeal from the trial court's order granting Frank Guerrero's motion to dismiss the complaint charging him with sale or transportation of marijuana (Health & Saf. Code,[1] 11360, subd. (a)). In their opening brief, the People contend only that the court erred in dismissing the complaint pursuant to Kellett v. Superior Court (1966) 63 Cal.2d 822 (Kellett). Guerrero's motion to dismiss was not limited to Kellett, however, and the minute order reflects that the court dismissed the complaint on its own motion in the interests of justice pursuant to Penal Code section 1385. Court conclude that the People effectively waived or abandoned their right to challenge the dismissal by failing to address the alternative bases for the court's ruling in their opening brief. Accordingly, Court affirm.
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