ROCKWELL v. SUPERIOR COURT

Docket No. L.A. 30645.

18 Cal.3d 420 (1976)

556 P.2d 1101

134 Cal. Rptr. 650

STEVEN DOUGLAS ROCKWELL, Petitioner, v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

December 7, 1976.


Attorney(s) appearing for the Case

COUNSEL

Richard E. Erwin, Public Defender, and Kenneth Cleaver, Assistant Public Defender, for Petitioner.

Wilbur F. Littlefield, Public Defender (Los Angeles), Dennis A. Fischer, Deputy Public Defender, Paul Halvonik, State Public Defender, Clifton Jeffers, Chief Assistant State Public Defender, Ezra Hendon, Deputy State Public Defender, Jerome B. Falk, Jr., Anthony G. Amsterdam, Jack Greenberg, James M. Nabrit III, Peggy C. Davis, Linda S. Greene, David Evan Kendall, William Bennett Turner, Lowell Johnston, William E. Hickman, Danaher, Gunn & Klynn, Charles C. Marson, Joseph Remcho, Robert Nicco, Public Defender (San Francisco), Sheldon Portman, Public Defender (Santa Clara) Kenneth M. Wells, Public Defender (Sacramento), and Ephraim Margolin as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Norman H. Sokolow and Howard J. Schwab, Deputy Attorneys General, for Real Party in Interest.


OPINION

WRIGHT, C.J.

Steven Douglas Rockwell petitions this court for a writ of prohibition to restrain the Ventura County Superior Court from proceeding with a retrial on "special circumstances" allegations included in an information charging him with murder. We issued an alternative writ in response to his claim that the provisions of Penal Code sections 190 through 190.3,

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