People v. McGowan
242 Cal. App. 4th 377
| Cal. Ct. App. | 2015Background
- Douglas McGowan, arrested while under the Santa Monica Pier, was charged in a misdemeanor complaint with camping in a prohibited place, possession of a milk crate, and loitering.
- McGowan moved under Penal Code § 991 for an in-custody probable-cause determination; the trial court dismissed two counts and retained one (possession of a milk crate).
- The Appellate Division reversed, holding § 991 permits dismissal only of the entire complaint, not individual counts.
- The California Supreme Court granted transfer to resolve whether § 991 authorizes count-by-count dismissals or only all-or-nothing dismissal.
- Although moot as to McGowan’s custody, the Court proceeded because the issue has broader public importance for pretrial misdemeanor practice.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (McGowan) | Held |
|---|---|---|---|
| Does Penal Code § 991 allow dismissal of individual counts within a misdemeanor complaint, or only dismissal of the entire complaint? | § 991’s plain text refers to "the complaint," so it authorizes dismissal only of the entire complaint. | § 991 should be read like § 995 and § 1385: dismissal of the whole implies power to dismiss part; § 991’s purpose is to weed out unsupported charges, so courts may dismiss individual counts. | The Court held § 991 permits dismissal of individual counts from a misdemeanor complaint. |
Key Cases Cited
- Gerstein v. Pugh, 420 U.S. 103 (U.S. 1975) (Fourth Amendment requires a timely judicial probable-cause determination for pretrial detention)
- In re Walters, 15 Cal.3d 738 (Cal. 1975) (California requirement that detained misdemeanants are entitled to a judicial probable-cause determination)
- People v. Burke, 47 Cal.2d 45 (Cal. 1956) (authority to dismiss an entire action includes power to dismiss part)
- People v. Superior Court (Mendella), 33 Cal.3d 754 (Cal. 1983) (§ 995 challenges may target portions of an indictment or information)
- People v. Carter, 36 Cal.4th 1215 (Cal. 2005) (§ 654 does not bar later trial on charges dismissed from an earlier complaint)
- Kellett v. Superior Court, 63 Cal.2d 822 (Cal. 1966) (multiple-prosecution rule addressing related offenses; limits on successive prosecutions)