California Court of Appeal

Petition for writ of prohibition barring district attorney from prosecuting criminal action against petitioner is granted where: 1) a substantial portion of the indictment's allegations challenged acts petitioner undertook in support of legislative activity; 2) because the legislature did not intend to criminalize legislative acts taken by public officials who hold no personal financial interest in a contract made in violation of section 1090, petitioner's legislative activity may not serve as a basis for the indictment; and 3) the remainder of the indictment's allegations lacked the requisite supporting evidence.

Appellate Information

• Decided 10/21/2008
• Published 10/21/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Ronald G. Brower and Mark W. Fredrick, Orange, for Petitioner., Tony Rackauckas, District Attorney, and Brian N. Gurwitz, Deputy District Attorney, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.