P. v. IHSAN

Filed 1/31/06 (as modified 2/28/06)

Certified for Publication

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SANTA CLARA

APPELLATE DIVISION

THE PEOPLE, )

)

Plaintiff and Appellant, ) 1-05-AP-000244

) Trial Ct No. BB300528

v. )

)

IHSAN GOKCEK, ) OPINION, AS MODIFIED ON

) FEBRUARY 28, 2006.

Defendant and Respondent. )

___________________________________)

Since 1872, California law has allowed the civil compromise of certain misdemeanor offenses if a criminal defendant adequately compensates the person injured for all costs incurred. (Pen. Code, §§ 1377-1379.) Upon proof of compensation and satisfaction of the injured person, the court can dismiss the criminal charges against the defendant.

In the instant case, the criminal defendant sought dismissal of his misdemeanor charge of false imprisonment for an act which occurred on January 3, 2003, against a minor who was 14 years old at the time. The trial court found that a civil compromise was permissible and dismissed the criminal charge against defendant. The People now appeal this ruling and argue that a civil compromise was not available for defendant's offense because the victim was a child^[1].

Here, we will conclude that, though a civil compromise may be permissible where the crime was committed upon a â€