People v. Super. Ct. CA4/2

California Court of Appeal Jan 28, 2015 No. E061965Unpublished

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Holding. The court held that the trial court erred in granting the defendant's motion to dismiss, as the evidence presented at the preliminary hearing was sufficient to support a strong suspicion of the defendant's guilt regarding the charged offenses.

Issues

Whether the evidence presented at the preliminary hearing was sufficient to support a strong suspicion of the defendant's guilt.
Whether there was sufficient evidence of premeditation to support the charges.

Disposition. granted

Quotations verified verbatim against the opinion

“The trial court erred in accepting as fact defendant’s proffered explanation of his conduct as a foolish, drunken attempt to persuade the victim to stay with him, done without any intent to harm her.”

“The evidence clearly supports the inference drawn by the magistrate—that defendant was distraught and willing to risk killing either himself or the victim, and then directly assaulted her with the intent to choke her to death.”

Filed 1/28/15 P. v. Super. Ct. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Petitioner, E061965

v. (Super.Ct.No. INF1302292)

THE SUPERIOR COURT OF OPINION RIVERSIDE COUNTY,

Respondent;

DARRYL INIGO FREEMAN,

Real Party in Interest.

ORIGINAL PROCEEDINGS; petition for writ of prohibition/mandate.

William S. Lebov, Judge. (Retired Judge of the Yolo Super. Ct. assigned by the Chief

Justice pursuant to art. VI, § 6 of the Cal. Const.) Petition is granted.

Paul E. Zellerbach, District Attorney, Natalie M. Pitre, Deputy District Attorney,

for Petitioner.

No appearance for Respondent.

Steven L. Harmon, Public Defender, Brian L. Boles, Thomas M. Cavanaugh, Chad

W. Firetag, Tracy M. Macuga, Assistant Public Defenders, Lisa M. Larson and Laura

Arnold, Deputy Public Defenders, for Real Party in Interest.

In this matter we have reviewed the petition and the opposition filed by real party

People v. Super. Ct. CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

THE SUPERIOR COURT OF OPINION RIVERSIDE COUNTY,

DARRYL INIGO FREEMAN,

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DISCUSSION

DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RICHLI J.

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