People v. Vasquez

Opinion

WERDEGAR, J.

Does the erroneous denial of a defendant’s motion to disqualify the prosecuting district attorney’s office for a conflict of interest (Pen. Code, § 1424) constitute a deprivation of due process? We conclude that not all erroneous denials under Penal Code section 1424 result in due process violations; we further conclude the participation of a conflicted prosecutor in this case did not do so. We therefore reject defendants’ contention that the Court of Appeal erred in failing to assess the prejudice flowing from constitutional error. We further conclude that the trial…