Matthews

Petitioner seeks a writ of prohibition to restrain the superior court from allowing him to be prosecuted for the murder of Lisa Mather (Pen. Code, § 187, subd. (a)) with the special allegation he was engaged in the commission of rape at the time of the murder (Pen. Code, § 190.2, subd. (a)(17) and for the rape of Lisa Mather (Pen. Code, § 261, subd. (2).) Petitioner alleges the superior court improperly denied his motion to set aside the information pursuant to section 995 (Pen. Code).

We address two issues in this petition: first, did the prosecution establish the corpora delicti of murder and rape at the preliminary hearing; and second, did the superior court properly deny Matthews’ section 995 motion because there was sufficient evidence to hold him to answer. For the reasons set forth below, we discharge the alternative writ and deny the peremptory writ.

Statement of Facts and Proceedings Below

The following evidence was presented to the magistrate at the preliminary hearing. Eighteen-year-old Lisa Mather was last seen by her mother on the morning of January 11, 1985. She was wearing a purple Spandex leotard with a long black skirt over it and a long black jacket.…