Court:

This corrects an earlier version of this story.

Attorneys representing Costa Mesa will discuss with city leaders what to do next after the Appellate Court of Orange County upheld a lower court’s decision to dismiss the city’s criminal case against Benito Acosta, the immigration rights activist who touched off a controversy after he was arrested during a City Council meeting more than two years ago.

In a brief, three-page opinion, the court upheld the ruling of Judge Kelly MacEachern, who threw out the city’s case because Dan Peelman, the attorney for Jones & Mayer law firm that prosecuted the case, had not been sworn in as a public prosecutor.

“It appears to me that the court was operating under a misperception under the terms of the contract” between the Jones & Mayer law firm and the city of Costa Mesa, said City Atty. Kimberly Barlow. “I think the decision is incorrect.”

Acosta, who goes by the name of Coyotl Tezcatlipoca, was arrested at a Jan. 3, 2006, Costa Mesa City Council meeting, where he, along with many others, objected to the idea of training local police officers to enforce federal immigration laws. Acosta was physically removed from the Council Chambers. He later sued the city and the city began criminal proceedings.

“We’re extremely happy the court agreed with us that Mr. Peelman did not have the authority to act as a public prosecutor,” said Belinda Escobosa Helzer, an attorney with the American Civil Liberties Union, which is representing Acosta. “Continuing to pursue these criminal issues really doesn’t help the residents at all. It would be a shame if the city continued to pursue prosecution of this nature.”

The city spent more than $30,000 on Acosta’s original criminal case. The Jones & Mayer law firm took on the appeal pro bono. As of June, the city had spent about $100,000 defending itself from Acosta’s civil suit against the city.

City officials will discuss whether they should request a rehearing in front of the three-judge panel, Barlow said.

JOSEPH SERNA may be reached at (714) 966-4619 or at joseph.serna@latimes.com.