California Court of Appeal

Defendant's petition challenging the superior court's denial of defendant's motion to dismiss or set aside the information against him is granted, where: 1) defendant's attorney had previously been arrested by the same officer who arrested defendant, and who was the sole prosecution witness at defendant's preliminary hearing; 2) Harris was entitled to the effective assistance of conflict-free counsel at his preliminary hearing; 3) the undisputed facts show a conflict of interest in defense counsel's representation of defendant at the preliminary hearing; 4) defendant's motion to dismiss the information was an appropriate vehicle for his challenge to the preliminary hearing's validity; and 5) counsel's conflict of interest at defendant's preliminary hearing requires dismissal of the information without an affirmative showing of prejudice.

Appellate Information

• Decided 04/25/2014
• Published 04/25/2014

Judges

• CHANEY

Court

• California Court of Appeal

Counsel