How have courts dealt with allegations of sexual assault made by an alleged coparticipant at a preliminary hearing?

California, United States of America


The following excerpt is from People v. Miranda, 70 Cal.App.4th 800, 82 Cal.Rptr.2d 913 (Cal. App. 1999):

In Ruiz, the defendant's preliminary hearing was conducted pursuant to Proposition 115 and a qualified investigating officer testified to statements, made by an alleged coparticipant in the subject offense, which incriminated the defendant. The trial court denied the defendant's motion to set aside the information based on insufficiency of the evidence. (Ruiz v. Superior Court, supra, 26 Cal.App.4th at pp. 937-939, 31 Cal.Rptr.2d 741.) The defendant subsequently filed a petition for a writ of prohibition contending that the motion had been erroneously denied because testimony by a coparticipant was, absent corroboration, insufficient evidence of probable cause to hold the defendant to answer. The court in Ruiz denied the petition. (Id. at pp. 942-943, 31 Cal.Rptr.2d 741.)

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