People v. Biane
California Supreme Court
315 P.3d 106 (2013)
- Written by Arlyn Katen, JD
Facts
Jeffrey Burum and James Erwin (defendants) were charged with (1) bribery crimes (the target crimes), (2) aiding and abetting the receipt of bribes, and (3) conspiring to have public officials accept bribes. The prosecution (plaintiff) alleged that Burum used Erwin as an agent to threaten, intimidate, and coerce members of the San Bernardino County Board of Supervisors into accepting Burum’s payment of $102 million to settle litigation between Burum’s company and San Bernardino County. After Burum and Erwin demurred to (or moved to dismiss or quash) the charges against them, the California Court of Appeal dismissed several of their bribery charges and related conspiracy charges, holding that (1) as a payor of a bribe, Burum could not also aid and abet or conspire to commit that bribe and (2) as Burum’s agent, Erwin was similarly situated to Burum. The government petitioned the California Supreme Court to review the appellate court’s decision.
Rule of Law
Issue
Holding and Reasoning (Baxter, J.)
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