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PEOPLE v. ASHRAF

No. C052207.

60 Cal.Rptr.3d 624 (2007)

151 Cal.App.4th 1205

The PEOPLE, Plaintiff and Appellant, v. Mohammed Qumar ASHRAF et al., Defendants and Respondents.

Court of Appeal of California, Third District.

June 8, 2007.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., and Bill Lockyer, Attorneys General, Dane R. Gillette and Mary Jo Graves, Chief Assistant Attorneys General, Michael P. Farrell, Senior Assistant Attorney General, John G. McLean, Supervising Deputy Attorney General, George M. Hendrickson, Deputy Attorney General, for Plaintiff and Appellant.

Douglas R. Hoffman, Auburn, for Defendant and Respondent Mohammed Qumar Ashraf.

Robert Derham, under appointment by the Court of Appeal, San Anselmo, for Defendant and Respondent Khialuddin Niazi.

Dean R. Johansson, for Defendant and Respondent Sarajuddin Niazi.

Stewart Katz, for Defendant and Respondent Zafaruddin Niazi.

ROBIE, J.

The trial court dismissed numerous criminal charges against defendants Mohammed Qumar Ashraf, Zafaruddin Niazi, Sarajuddin Niazi, and Khialuddin Niazi based on its finding that the People had violated the criminal discovery statutes by failing to provide defendants with reports of various witness statements regarding defendants' supposed affiliation with the Taliban.

On appeal, the People contend the trial court erred in dismissing the case. According...

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