P. v. Moore
The Riverside County District Attorney, representing the People of the State of California, appeals after defendant and respondent John Terry Moore entered into a plea agreement in the Superior Court and was granted probation. The People raise issues purporting to challenge the lawfulness of the sentence and the disposition (dismissal) of one count, but defendant argues that the essential effect of each point is to render him ineligible for probation. The People are prohibited under Penal Code section 1238 subdivision (d), from appealing an order granting probation. Because some of the issues raised amount to an attempt to appeal the probation order, the appeal as to those issues is prohibited and must be dismissed. However, as to the dismissal of one misdemeanor count, the People are correct that the trial court erred in failing to state its reasons for dismissal in the record. Accordingly, the judgment must be reversed, with directions.
Comments on P. v. Moore