People v. Wagner

175 Cal.App.4th 1377 (2009)

THE PEOPLE, Plaintiff and Appellant,

v.

TONY ROBIN WAGNER, Defendant and Respondent.

No. E047167.

Court of Appeals of California, Fourth District, Division Two.

July 21, 2009.

Rod Pacheco, District Attorney, and Alan D. Tate, Deputy District Attorney, for Plaintiff and Appellant.

Stephen S. Buckley, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

RICHLI, Acting P.J.—

This is an appeal by the People from the dismissal of the case against defendant Tony Robin Wagner pursuant to Penal Code section 1382[1] because the trial court found there were…