P. v. Evaro
The People appeal from an order granting defendants motion to disqualify the Kern County District Attorneys office from prosecuting the case against him. Defendants motion to disqualify asserted the prosecutor had consulted and retained as an expert the same expert defense counsel had consulted, but had not retained, several months earlier. After receiving evidence, including declarations filed by defense counsel under seal, and hearing argument, the court granted the motion and recused the entire district attorneys office. Concluding disqualification of the entire district attorneys office was not necessary or supported by substantial evidence, we modify the trial courts order and affirm.
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