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PEOPLE v. SCONCE

Docket No. B046898.

228 Cal.App.3d 693 (1991)

279 Cal. Rptr. 59

THE PEOPLE, Plaintiff and Appellant, v. DAVID WAYNE SCONCE, Defendant and Respondent.

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

March 18, 1991.

Attorney(s) appearing for the Case

COUNSEL

Ira Reiner, District Attorney, Donald J. Kaplan and Dirk L. Hudson, Deputy District Attorneys, for Plaintiff and Appellant.

Christopher Blake, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

KLEIN, P.J.

The People filed an information charging defendant and respondent David Wayne Sconce (Sconce) with conspiracy to commit murder. (Pen. Code, §§ 182, 187, subd. (a).)1 The trial court set the information aside because it found Sconce effectively had withdrawn from the conspiracy. (§ 995.) The People appeal. (§ 1238, subd. (a)(1).)

Because withdrawal cannot...

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