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PEOPLE v. POWERS-MONACHELLO

No. A124358.

189 Cal.App.4th 400 (2010)

116 Cal. Rptr. 3d 899

THE PEOPLE, Plaintiff and Appellant, v. FRANK EVAN POWERS-MONACHELLO et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

October 20, 2010.

Attorney(s) appearing for the Case

Stephen R. Passalacqua , District Attorney, Robert A. Maddock , William S. Mount and Andrew S. Lukas , Deputy District Attorneys, for Plaintiff and Appellant.

Stephen M. Gallenson , under appointment by the Court of Appeal, for Defendant and Respondent Frank Powers-Monachello.

Patricia Lea Brisbois , under appointment by the Court of Appeal, for Defendant and Respondent Dan Edward Scheiner.

Steven Samuel Lubliner , under appointment by the Court of Appeal, for Defendant and Respondent Dana Deniell Gearardo-Scheiner.

OPINION

LAMBDEN, J.—

Defendants in this case were charged with possession for sale of cocaine and conspiracy to possess cocaine for sale. The Sonoma County District Attorney contends that two different trial judges misapplied the governing law regarding the corpus delicti rule in dismissing the conspiracy count. Appellant urges us to hold that the corpus delicti rule's limitation on the use of defendants' extrajudicial statements has...

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