McPartland

I

Introduction

The trial court disqualified the Monterey County District Attorney’s office from further participation in this prosecution of defendants Tor McPartland and William DiLorenzo because of what the court determined was the appearance of a conflict of interest. On the People’s appeal, we will reverse the order, finding the trial court applied an erroneous test for recusal.

II

Evidence

Defendants’ recusal motion in superior court was based primarily on evidence introduced in the preliminary examination, following which defendants were held to answer for various marijuana offenses occurring between September 1981 and August 1985. Defendants were arrested after the search of McPartland’s residences on August 1, 1985, revealed the presence of marijuana, paraphernalia, and $63,838.05.

Yvonne Diane Evans (nee Cox) testified to the defendants’ criminal activities on dates prior to August 1, 1985. Evans was married to defendant DiLorenzo between March 1981 and January 1985. She is also the sister of Richard Cox, a City of Pacific Grove police officer on temporary assignment as an investigator for the Monterey County District Attorney.

When defendant DiLorenzo was…