STANTON v. SUPERIOR COURT

Docket No. G005121.

193 Cal.App.3d 265 (1987)

239 Cal. Rptr. 328

JOSEPHINE STANTON, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

June 30, 1987.


Attorney(s) appearing for the Case

COUNSEL

Ronald Y. Butler, Public Defender, Frank Scanlon, Assistant Public Defender, Thomas Havlena and Leonard Gumlia, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Cecil Hicks, District Attorney, Maurice L. Evans, Assistant District Attorney, Brent F. Romney and Craig McKinnon, Deputy District Attorneys, for Real Party in Interest.


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...

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