Breceda v. Superior Court

Opinion

JOHNSON, J.

Petitioners Mark Breceda, Abe De Dios, Manuel Garcia and Rosemary Ramirez seek a writ of prohibition following the trial court’s denial of their motion to dismiss an indictment on the ground that the district attorney’s office failed to adduce potentially exculpatory evidence to the grand jury as is required by Penal Code section 939.71. Petitioners contend that the indictment should therefore be dismissed. The People oppose the petition on several bases: (1) the legal issue is not ripe because the trial court did not make findings which could be the basis for a legal…