California Court of Appeal

Defendant's petition for writ of mandate is denied, where: 1) criminal discovery statutes did not bar defendant's motion to dismiss the information based on the prosecutor's failure to disclose, prior to the preliminary hearing, photographs of the attempted murder victim's truck; 2) due process requires the prosecution to disclose, prior to the preliminary hearing, evidence in its possession that is both favorable to the defense and material to the probable cause determination to be made at the preliminary hearing; however, 3) the photographs of the attempted murder victim's truck were not favorable to the defense, and thus the prosecutor‘s delay in turning them over to the defense was not a violation of due process.

Appellate Information

• Decided 03/25/2013
• Published 03/25/2013

Judges

• MALLANO

Court

• California Court of Appeal

Counsel