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.
- Decided 02/22/2006
- Published 02/22/2006
- California Court of Appeal
- 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.