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California Court of Appeal


PEOPLE v. GUTIERREZ, C034224

Where the prosecutor claims a defense witness colluded with the defendant to provide exculpatory testimony, the prosecution may establish that both the defendant and the witness were in custody during trial so as to establish opportunity.

Appellate Information

  • Decided 10/24/2001
  • Published 10/24/2001

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  •  John F. Schuck, under appointment by the Court of Appeal, San Jose, for Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Jo Graves, Acting Senior Assistant Attorney General, John G. McLean and Carlos A. Martinez, Supervising Deputy Attorneys General, and Julia Bancroft, Deputy Attorney General, for Plaintiff and Respondent.
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