People v. Superior Court (Orecchia)

Opinion

KANE, J.

In this extraordinary writ proceeding, the People seek mandate to compel respondent court to set aside its order striking out parts of informations charging defendants Orecchia and Rynd with violations of Health and Safety Code, 1 section 11361 (sale of marijuana to a minor). The People contend that since the undisputed evidence at the preliminary hearings established that the sales were made to a minor, the court’s order striking out allegations of sale “to a minor” changed the substantive nature of the offense to sale of marijuana, a violation of section 11360, an action…