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  5. 48 Cal.App.3d 195 (1975)
 

PEOPLE v. SUPERIOR COURT (BRODIE)

Docket Nos. 45299, 26411.

48 Cal.App.3d 195 (1975)

121 Cal. Rptr. 732

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; TERRY JAMES BRODIE, Real Party in Interest. THE PEOPLE, Plaintiff and Appellant, v. TERRY JAMES BRODIE, Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

May 14, 1975.

Attorney(s) appearing for the Case

COUNSEL

Joseph P. Busch, District Attorney, Harry B. Sondheim and Daniel L. Bershin, Deputy District Attorneys, for Petitioner and for Plaintiff and Appellant.

No appearance for Respondent.

Johnnie L. Cochran, Jr., and Carl Jones for Real Party in Interest and for Defendant and Respondent.

Richard S. Buckley, Public Defender, Harold E. Shabo, Michael Rothschild, Martin Stein and Dennis A. Fischer, Deputy Public Defenders, as Amici Curiae on behalf of Real Party in Interest and Defendant and Respondent.

OPINION

FILES, P.J.

In this opinion we discuss the interpretation of Penal Code section 190.2, subdivision (b) (4), prescribing the death penalty where "The defendant has in this or in any prior proceeding been convicted of more than one offense of murder of the first or second degree." Before reaching that issue it is necessary to determine whether the superior court's pretrial ruling adverse to the People is reviewable by appeal...

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