California Court of Appeal

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.