Wheeler v. Appellate Division of the Superior Court of Los Angeles County
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Petitioner seeks a writ of mandate directing the appellate division of the Los Angeles County Superior Court to set aside its opinion reversing the trial court's dismissal of her criminal case under Penal Code section 1385, and instead to affirm the dismissal.
The Court of Appeal held that the local ordinances that petitioner was charged with violating, Los Angeles Municipal Code (LAMC) sections 104.15(a)1, 104.15(b)4, and 12.21A.1.(a), are not preempted by state law. The court also held that the appellate division did not err in concluding that the trial court abused its discretion by dismissing the charges primarily based on petitioner's lack of knowledge or intent, because the ordinances impose strict liability and do not require proof of knowledge or intent. Accordingly, the court denied the petition.
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