Defendant's request for issuance of writ of mandate directing the trial court to vacate its order denying his section 995 motion to set aside one of the counts is granted as the trial court erred by allowing the prosecutor to present revised testimony in order to fill an evidentiary vacuum concerning the gravamen of the offense.
Filed September 17, 2009
Opinion by Judge McAdams
For Appellant: James S. Egar, Monterey County Public Defender, Michelle C. Wouden, Deputy Public Defender
For Appelle: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Supervising Deputy Attorney General, Sharon G. Birenbaum, Deputy Attorney General