People v. Velasco-Palacios CA5

INTRODUCTION

Defendant Efrain Velasco-Palacios was charged with lewd and lascivious conduct with a child under the age of 14 (Pen. Code, § 288, subd. (a)). Prior to trial, the lower court found the prosecution had inserted a false confession into a transcript of defendant’s police interrogation and granted defendant’s motion to dismiss on the basis of outrageous government misconduct.

On appeal, the People assert the trial court erred by dismissing the case against defendant, as defendant was not prejudiced by the prosecutor’s misconduct. We find defendant’s constitutional right to counsel was prejudiced by the prosecutor’s misconduct and affirm the lower court’s order of dismissal.

FACTS AND PROCEDURAL HISTORY

On July 9, 2013, defendant was charged with five counts of lewd and lascivious conduct with a child after the daughter of defendant’s girlfriend reported several instances of molestation. Deputy Public Defender Ernest Hinman was assigned to defendant’s case. During pretrial settlement talks, Hinman was informed by the prosecuting attorney, Robert Murray, that the People would be willing to accept a settlement offer for a prison term of eight years. Defendant…