PEOPLE v. ALVAREZ

No. S089554.

119 Cal.Rptr.2d 903 (2002)

27 Cal.4th 1161

46 P.3d 372

The PEOPLE, Plaintiff and Respondent, v. Jose M. ALVAREZ, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied July 10, 2002.


Attorney(s) appearing for the Case

Carl Fabian, San Diego, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, William M. Wood, Garrett Beaumont and Carl H. Horst, Deputy Attorneys General, for Plaintiff and Respondent.


BAXTER, J.

To convict an accused of a criminal offense, the prosecution must prove that (1) a crime actually occurred, and (2) the accused was the perpetrator. Though no statute or constitutional principle requires it, California, like most American jurisdictions, has historically adhered to the rule that the first of these components—the corpus delicti or body of the crime—cannot be proved by exclusive reliance on the defendant's extrajudicial...

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