P. v. Guzman CA6
The Santa Clara County District Attorney (District Attorney) appeals an order granting Mike Joseph Guzman’s motion pursuant to Penal Code section 995 to dismiss the information charging him with one count of first degree murder (§ 187, subd. (a)) and one count of attempted murder (§§ 664, 187, 186.22, subd. (b)).
On appeal, the District Attorney argues there was sufficient evidence presented at the preliminary examination to support the necessary element of malice and therefore the trial court erred in dismissing these charges.
For the reasons explained below, we agree and will reverse the trial court’s order.
I. FACTUAL AND PROCEDURAL BACKGROUND
A. Procedural history
Following a lengthy preliminary examination, Guzman and two codefendants, Israel Arroyo and Juan Velazquez Tellez, were held to answer on charges of murder and attempted murder. (§§ 187, subd. (a), 664, 189, 186.22, subd. (b); counts 1 & 2.) They were also held to answer on the charge of active participation in
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