Posted On: March 26, 2008 by Mary Frances Prevost

In People v. Alvarez (27 Cal 4th 1161), the California Supreme Court told us that 20 years ago Prop. 8 repealed the aspect of the corpus delicti rule that evidence
of a confession is inadmissible unless there was evidence of a corpus of
the offense.

However, a confession without a corpus is still insufficient to convict.

Here, the only evidence that the defendant transported drugs for sale from one county to another noncontiguous county was the defendant's statement.

The majority says that this is just an enhancement section, so the corpus rule is inapplicable.

The dissent says that the corpus rule does apply here, but that the corpus rule only requires evidence that any crime was committed and there was evidence here of transportation for sale.

People v. Miranda; 2008 DJ DAR 4077; DJ, 3/26/08; C/A 3rd