Robert E. Stark, Petitioner v. the Superior Court of Sutter County, Respondent; the People, Real Party in Interest

Summary

The court held that specified violations of Penal Code section 424 require proof that the defendant knew, or was criminally negligent in failing to know, the nonpenal legal requirements governing the handling of public funds. It further held that a grand jury indictment may be challenged under section 995 when erroneous instructions on mens rea create a possibility that the indictment rested on less than probable cause, but found the instructional error harmless here because the parallel accusation instructions established actual knowledge. The court rejected Stark's challenges to the section 3060 accusation and his conflict-of-interest claim because the prosecutor's argument did not mislead the grand jury and Stark failed to show a due process violation. Justice Kennard, concurring, joined the instructional-error holding because precedent compelled it despite her prior disagreement with that rule.