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Name: People v. Gnass
Case #: F036655
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 09/10/2002
Subsequent History: none

The evidence was sufficient to show that appellant was “financially interested” in agreements made by him in his official capacity as the city attorney, as defined by Government Code section 1090. However, the prosecutor’s failure to instruct the grand jury on the mental state necessary for a criminal conflict of interest under section 1097, in combination with other errors in the grand jury proceedings, were likely to have caused the grand jury to indict appellant on less than reasonable or probable cause. Therefore, the trial court’s dismissal of the indictment was affirmed.