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P. v. IHSAN ( Part II )

P. v. IHSAN ( Part II )
06:14:2006

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. )


___________________________________)


Continue from Part I ……..


E. The Meaning of Penal Code,


Section 1377, Subdivision (g)


The statutory language of Penal Code section 1377, subdivison (g) contains an ambiguity as it applies to the instant case. A plain reading of Penal Code section 1377, subdivision(g) indicates that the statute prohibits a civil compromise where the offense is committed â€





Description decision regarding 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.
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