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PEOPLE v. SUPERIOR COURT (ENGERT)

Docket No. S.F. 24338.

31 Cal.3d 797 (1982)

657 P.2d 76

183 Cal. Rptr. 800

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; ALLEN LEROY ENGERT, Real Party in Interest. THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; JOHN WAYNE GAMBLE, Real Party in Interest.

Supreme Court of California.

July 1, 1982.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien and William D. Stein, Assistant Attorneys General, W. Eric Collins, Gloria F. DeHart and John B. Moy, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Sheldon Portman, Public Defender, and Michael A. Kresser, Deputy Public Defender, for Real Parties in Interest.

OPINION

KAUS, J.

The People petition for writs of mandate to compel respondent superior court to set aside orders striking, as unconstitutionally vague, special circumstance allegations based on subdivision (a)(14) of Penal Code section 190.2.

In separate prosecutions for murder, defendants and real parties in interest Engert and Gamble challenged the special circumstance allegations that the murders were "especially heinous...

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