Stanton v. Superior Court

Opinion

WALLIN, J.

In this case we hold the prosecution’s failure to disclose evidence material to defense cross-examination of eyewitnesses at a preliminary hearing entitles the defendant to have an element of the charged offense, gross negligence, stricken from the information, leaving the remaining charge as a misdemeanor.

Petitioner Josephine Stanton was initially charged with misdemeanor vehicular manslaughter with gross negligence. (Pen. Code, § 192, subd. (c)(1).) Approximately one month later the district attorney’s office received an investigative report from the civil attorney for the…