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People v. Wimberly

5 Cal. App. 4th 439 (1992)

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People v. Wimberly

California Court of Appeal

5 Cal. App. 4th 439 (1992)

Facts

Steven Wimberly (defendant) was charged with residential burglary and grand theft. Detective Osman, a police officer with 12 years of experience, was the sole witness at the preliminary hearing. Officer Yahn, who had one year of experience, authored the crime report and initially spoke to the victim and Mr. Schiro, the manager of the victim’s apartment complex. Osman reviewed Yahn’s report, interviewed Yahn, and further interviewed the victim. Osman did not personally speak with Schiro. At the preliminary hearing, Osman testified that the victim told Osman that the victim had locked the apartment and left that morning and that the victim did not give anyone permission to enter the apartment or take any property; when the victim returned, jewelry worth $3,000 was missing. Osman also testified that, according to Yahn, Schiro stated that on the day of the burglary, Schiro unlocked the apartment because Wimberly was the victim’s brother and asked Schiro to be let into the victim’s apartment. Schiro’s statement to Yahn was the only evidence that linked Wimberly to the crime. The magistrate held Wimberly on both counts. The superior court judge granted Wimberly’s motion to set aside the information. The prosecution (plaintiff) appealed.

Rule of Law

Issue

Holding and Reasoning (Woods, J.)

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