California Court of Appeal

Defendant's request for issuance of writ of mandate directing the trial court to vacate its order denying his section 995 motion to set aside one of the counts is granted as the trial court erred by allowing the prosecutor to present revised testimony in order to fill an evidentiary vacuum concerning the gravamen of the offense.

Appellate Information

• Decided 09/17/2009
• Published 09/17/2009

Judges

• McADAMS, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• James S. Egar, Monterey County Public Defender, Michelle C. Wouden, Deputy Public Defender, for Appellant.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Supervising Deputy Attorney General, Sharon G. Birenbaum, Deputy Attorney General, for Respondent.