Wooddall

Wooddall v. Superior Court

Good Law
185 Cal. App. 3d 399·1986 Cal. App. LEXIS 2009·229 Cal. Rptr. 737
Court of Appeal of CaliforniaSeptember 10, 1986Civ. No. 25877California1,042 words

Opinion

Lead Opinion

Evans, J.

A complaint filed in the Municipal Court of San Joaquin County alleged that petitioner had attempted to unlawfully influence the verdict of 14 jurors (Pen. Code, § 95). Following a preliminary hearing in which it was revealed that petitioner had made threatening statements to members of a jury shortly after they had convicted petitioner’s brother in a separate action, 1 an information was filed charging petitioner with seven counts of *401 attempting to influence jurors. He thereafter filed a motion to dismiss pursuant to Penal Code section 995. 2 That motion was denied, and this writ petition followed.

On February 14, 1986, this court issued an alternative writ of prohibition directing respondent superior court to either grant the relief prayed for in the petition or show cause as to why such relief should not be granted. On March 5, 1986, the People of the State of California (real party in interest) filed a return to the alternative writ of prohibition.

Discussion

In reviewing the trial court’s determination on the motion to dismiss, “the crucial inquiry is ‘whether the evidence presented at the preliminary examination discloses circumstances from which the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.