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PEOPLE v. VASQUEZ

No. S128854.

45 Cal.Rptr.3d 372 (2006)

39 Cal.4th 47

137 P.3d 199

The PEOPLE, Plaintiff and Respondent, v. Andrew VASQUEZ et al., Defendants and Appellants.

Supreme Court of California.

July 10, 2006.

Attorney(s) appearing for the Case

Nancy J. King, San Diego, under appointment by the Supreme Court, for Defendant and Appellant Andrew Vasquez.

Sylvia Whatley Beckham, under appointment by the Supreme Court, for Defendant and Appellant Anthony Fregoso.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Kristofer Jorstad, Victoria B. Wilson, Steven D. Matthews, Mary Sanchez and Herbert S. Tetef, Deputy Attorneys General, for Plaintiff and Respondent.

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...

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