People v. McGowan

I. INTRODUCTION

I respectfully dissent from the order upholding the dismissal of counts 2 and 3 of the misdemeanor complaint. In my view, the plain language of Penal Code1 section 991, subdivision (d) does not permit the dismissal of individual counts. Language permitting the dismissal of individual counts appears nowhere in section 991. But if the language of section 991 is ambiguous and resort to extraneous documents is proper, there is no evidence the Legislature intended that individual counts be dismissed. Some of the language in legislative documents is incorrect or irrelevant. But the…