People v. Gonzalez

Opinion

OHTA, J. *

Defendant Danny Frank Gonzalez was charged with one count of violating Penal Code section 247.5, 1 discharging a laser at an occupied aircraft. On the date of the preliminary hearing, Gonzalez filed a motion to dismiss the complaint based on double jeopardy for a prior payment of a civil penalty to the federal government. The trial court granted the motion. We reverse.

FACTS

The facts underlying this case are not disputed. On April 23, 2014, Gonzalez discharged a laser at an occupied aircraft operated by the Los Angeles County Sheriff’s Department, Air 29. The deputy in Air 29…