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LEO v. SUPERIOR COURT

Docket No. B017718.

179 Cal.App.3d 274 (1986)

225 Cal. Rptr. 15

JACK OSCAR LEO, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

March 27, 1986.

Attorney(s) appearing for the Case

COUNSEL

Harry W. Brainard and Curt V. Leftwich for Petitioner.

No appearance for Respondent.

Ira Reiner, District Attorney, Donald J. Kaplan and Brent Riggs, Deputy District Attorneys for Real Party in Interest.

OPINION

ARABIAN, J. —

INTRODUCTION

(1) (See fn. 1.) This case presents a question of first impression. Petitioner Jack Oscar Leo, who is charged with a capital offense, seeks a writ of mandate directing respondent superior court to vacate its ruling allowing the People, the real party in interest, to revise its initial decision not to seek the death penalty and to instead pursue the death penalty against...

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