SHAMBURGER v. SUPERIOR COURT

Docket No. A028654.

160 Cal.App.3d 484 (1984)

207 Cal. Rptr. 586

HAROLD BERNARD SHAMBURGER, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

September 28, 1984.


Attorney(s) appearing for the Case

COUNSEL

Guyton N. Jinkerson, Shea & Jinkerson and Deanna F. Lamb for Petitioner.

No appearance for Respondent.

John K. Van de Kamp, Attorney General, Herbert F. Wilkinson and Blair W. Hoffman, Deputy Attorneys General, for Real Party in Interest.


OPINION

WHITE, P.J.

This petition, brought by a defendant being tried for only one murder, challenges the trial court's failure to dismiss the special circumstance allegation that the defendant "has in this proceeding been convicted of more than one offense of murder in the first or second degree." (Pen. Code, § 190.2, subd. (a)(3).) The present incongruity arose because petitioner successfully moved to sever two murder charges...

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