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PEOPLE v. HERRERA

No. G034848.

39 Cal.Rptr.3d 578 (2006)

136 Cal.App.4th 1191

The PEOPLE, Plaintiff and Appellant, v. Rogelio Manon HERRERA, Defendant and Respondent.

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

February 22, 2006.

Attorney(s) appearing for the Case

Tony Rackauckas, District Attorney, and Brian N. Gurwitz, Senior Deputy District Attorney, for Plaintiff and Appellant.

Deborah A. Kwast, Public Defender, Thomas Havlena, Chief Deputy Public Defender, Kevin J. Phillips, Assistant Public Defender, and Martin F. Schwarz, Deputy Public Defender, for Defendant and Respondent.

OPINION

IKOLA, J.

At a preliminary hearing, a magistrate found probable cause to hold Rogelio Manon Herrera to answer for conspiracy to manufacture methamphetamine and other crimes. Herrera successfully moved to dismiss the conspiracy count under Penal Code section 9951 on the basis there was no evidence of conspiracy other than his own extrajudicial statements. The People appeal...

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