California Court of Appeal
Arteaga v. Superior Court of Santa Clara County, H040702
In this case, petitioner moved to dismiss his grand jury indictment (pursuant to Penal Code section 995) on grounds that there was not "reasonable or probable cause" for the indictment because the only evidence the grand jury received in support of the charge was uncorroborated accomplice testimony. The trial court denied petitioner's section 995 motion. Petition for writ of mandate and/or prohibition is denied, where: 1) petitioner may seek pretrial writ review of the trial court's order despite his failure to file his section 995 motion within 60 days of his arraignment, because he had no opportunity to file the motion earlier and was unaware of the issue; and 2) uncorroborated accomplice testimony can be the basis for a grand jury indictment.
Appellate Information
- Decided 01/27/2015
- Published 01/27/2015
Judges
- Bamattre-Manoukian
Court
- California Court of Appeal