California Court of Appeal

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People v. Herrera, G034848

An order granting the motion to dismiss a count of conspiracy to manufacture methamphetamine is affirmed where: 1) the corpus delicti rule continues to apply to preliminary hearings; and 2) applying the corpus delicti rule to the preliminary hearing testimony, there was a total absence of evidence demonstrating the existence of a conspiracy.

Appellate Information

  • Decided 02/22/2006
  • Published 02/22/2006

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Tony Rackauckas, District Attorney, and Brian N. Gurwitz, Senior Deputy District Attorney, for Plaintiff and Appellant.

  • For Appellees:
  • Deborah A. Kwast, Public Defender, Thomas Havlena, Chief Deputy Public Defender, Kevin J. Phillips, Assistant Public Defender, and Martin F. Schwarz, Deputy Public Defender, for Defendant and Respondent.
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