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People v. Powers-Monachello, A124358

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By FindLaw Staff on October 21, 2010 11:43 AM

Dismissal of conspiracy charge for failure to satisfy the corpus delicti rule affirmed in a prosecution for cocaine possession

People v. Powers-Monachello, A124358, involved a prosecution of a defendant and three co-defendants for possession for sale of cocaine and conspiracy to possess cocaine for sale.  In affirming the trial courts' dismissal of the conspiracy charge for failure to satisfy the corpus delicti rule, the court held that, although the defendants' extrajudicial statements might have been introduced to determine whether they would be held to answer, such statements remained irrelevant until the corpus delicti rule had been otherwise satisfied.

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