ALLEN v. SUPERIOR COURT

Docket No. 5613.

113 Cal.App.3d 42 (1980)

169 Cal. Rptr. 608

JIMMY DOYLE ALLEN, Petitioner, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fifth District.

December 9, 1980.


Attorney(s) appearing for the Case

COUNSEL

Simrin & Moloughney and Stanley Simrin for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Willard F. Jones and Edmund D. McMurray, Deputy Attorneys General, for Real Party in Interest.


OPINION

ZENOVICH, Acting P.J.

Petitioner seeks a writ of prohibition and/or mandate directing the respondent court to strike the special circumstance allegation "that the murder ... was especially heinous, atrocious, or cruel, manifesting exceptional depravity ..." from the information.

Petitioner Jimmy Doyle Allen was charged with having committed two criminal offenses. The first count alleged that petitioner "did willfully...

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