People v. Fleming CA3

Good Law
Court of Appeal of CaliforniaSeptember 28, 2021C091270California2,658 words

Opinion

Opinion

Filed 9/28/21 P. v. Fleming CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte) ----

THE PEOPLE, C091270

Plaintiff and Appellant, (Super. Ct. No. 18CF04578)

v.

KEVIN ANDREW FLEMING,

Defendant and Respondent.

The People appeal from an order granting defendant Kevin Andrew Fleming’s motion under Penal Code section 9951 to dismiss the information after finding that the prosecution did not produce substantial evidence of the charged sexual assault crimes. The People argue sufficient evidence supported the magistrate’s decision to hold defendant to answer the charges, and we agree. Accordingly, we will reverse the order

Undesignated statutory references are to the Penal Code.

1 granting defendant’s…

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