Legal Opinion
People v. Herrera
California Court of Appeal
Decided February 22, 2006No. G034848PublishedCited by 20 opinions
1Opinion of the Court
Opinion
IKOLA, J.
At a preliminary hearing, a magistrate found probable cause to hold Rogelio Manon Herrera to answer for conspiracy to manufacture methamphetamine and other crimes. Herrera successfully moved to dismiss the conspiracy count under Penal Code section 995 1 on the basis there was no evidence of conspiracy other than his own extrajudicial statements. The People appeal the order granting the motion to dismiss, arguing primarily that the corpus delicti rule does not apply to preliminary hearings. Herrera asserts this appeal is moot because he pleaded guilty to two necessarily…
2Cases cited29 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Bruton v. United StatesSupreme Court of the United States · 1968
- Lilly v. VirginiaSupreme Court of the United States · 1999
- People v. ArandaCalifornia Supreme Court · 1965
- People v. JonesCalifornia Supreme Court · 1998
24 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Lucent Technologies, Inc. v. Board of EqualizationCalifornia Court of Appeal · 2015
- People v. PLENGSANGTIPCalifornia Court of Appeal · 2007
- People v. Superior Court of Orange CountyCalifornia Court of Appeal · 2015
- State v. HardyNew Mexico Court of Appeals · 2011
- in Interest of T.BColorado Court of Appeals · 2019
15 more not listed; retrieve them via the Exa API.