A judge did not abuse her discretion by dismissing an electronic peeping case against a northern California attorney after he pleaded no contest, an appeals court has ruled.

Now a separate legal skirmish has broken out over whether the records should be sealed.

Charles Gideon Korrell, 48, of Ross, was arrested in 2022 on allegations he concealed a camera in a bathroom during a teen's graduation party in Petaluma. The guests included girls who were friends of the graduate, the prosecution said in court filings.

While using the bathroom, the 17-year-old graduate saw a light inside a cat litter box and discovered the hidden camera, authorities said in court filings. A police investigation ensued.

Petaluma police determined the GoPro camera had been recording for approximately 30 minutes before the girl found it. The recording showed Korrell placing the camera in the litter box so it was pointed toward the toilet, authorities said in court filings.

The Sonoma County District Attorney's Office filed two misdemeanor charges. One alleged privacy invasion with a video camera. The other alleged  annoying or molesting  a minor.

In June 2024, Korrell pleaded no contest to the video camera charge, and the prosecution agreed to drop the other count, which could have meant registration as a sex offender.

The defense indicated Korrell would take rehabilitative measures before the sentencing and then ask the judge to dismiss the case, according to court filings. The sentencing was set for Dec. 13, 2024, before Judge Paige Hein. Korrell requested a dismissal, providing evidence that he had sought counseling and performed volunteer work.

Hein declined but delayed the sentencing until the following month. At the next hearing, Korrell asked her to reconsider her position and provided additional information.

Hein granted the request over the prosecution's objections. She credited Korrell for factors such as attending his court hearings, pursuing rehabilitation and showing remorse, according to court filings.

The prosecution appealed, saying Hein  abused her discretion,  did not act  in the interests

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