P. .v Perez
This opinion constitutes this courts third instance of addressing this case. In this courts second opinion, we directed the trial court to vacate its order dismissing the charges against defendant (Pen. Code, 1385),[1]and instructed the court to set a hearing for defendants motion for a new trial. (People v. Perez (Oct. 17, 2008, E044302) [nonpub. opn.].) The trial court granted defendants motion for a new trial. ( 1181.) The Riverside County District Attorneys (the district attorney) Office contends that the trial court abused its discretion by granting defendants motion because (1) the court considered impermissible factors when rendering its decision; (2) the trial court applied the incorrect legal standard; and (3) the courts order is not supported by substantial evidence. Court affirm the order granting a new trial in part, and reverse in part.
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