What is the test for dismissing an appeal from the Court of Appeal?

Before we consider the merits of the court's dismissal order, we must address a procedural bar raised by the defendants. They contend this appeal must be dismissed because the prosecution was barred as a matter of law from refiling charges against them after the first dismissal order. They do not cite any authority for the proposition that the appeal itself must be dismissed. The second dismissal order is an appealable order under Penal Code section 1238, and the prosecution is aggrieved by the order. (Cf. People v. Punzalan (2003) 112 Cal.App.4th 1307, 1310-1311, 6 Cal.Rptr.3d 30 [dismissing appeal where city and police department were not aggrieved parties with standing to appeal].)