Does Defendant have a valid, alternative reason to affirmance a motion to dismiss on the basis that the District Attorney's office improperly used an immunized statement?

Defendant contends a valid, alternative reason supports the trial court's order of dismissal and, therefore, affirmance is proper even if the court cited an erroneous reason for its order. (See People v. Gibson (1987) 195 Cal.App.3d 841, 853, 241 Cal.Rptr. 126.) Defendant argues that the district attorney's office improperly used the immunized statement in persuading Officer M. to testify and in exercising its prosecutorial discretion. As noted above, the trial court rejected defendant's earlier motion to dismiss on this basis, ruling that Officer M.'s decision to testify and the district attorney's decision to prosecute derived from legitimate sources independent of defendant's immunized statement.

In ruling upon defendant's motion to dismiss based on the initiation of criminal

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