Stanton v. Superior Court

In this case we hold the prosecution’s failure to disclose evidence material to defense cross-examination of eyewitnesses at a preliminary hearing entitles the defendant to have an element of the charged offense, gross negligence, stricken from the information, leaving the remaining charge as a misdemeanor.

Petitioner Josephine Stanton was initially charged with misdemeanor vehicular manslaughter with gross negligence. (Pen. Code, § 192, subd. (c)(1).) Approximately one month later the district attorney’s office received an investigative report from the civil attorney for the decedent’s family containing summaries of interviews with three eyewitnesses. Shortly thereafter, a felony complaint was filed charging Stanton with vehicular manslaughter with gross negligence (§ 192, subd. (c)(1)) and with vehicular manslaughter with gross negligence while under the influence of drugs or alcohol (§ 192, subd. (c)(3)). The misdemeanor complaint was dismissed. Stanton was held to answer only for the violation of section 192, subdivision (c) (1) following a preliminary hearing. Immediately before trial, the defense was provided a copy of the investigative report for the first time.…