PEOPLE v. SUPERIOR COURT (ROWLAND)

Docket No. A038262.

194 Cal.App.3d 11 (1987)

239 Cal. Rptr. 257

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; GUY ROWLAND, Real Party in Interest.

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

August 14, 1987.


Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Herbert F. Wilkinson, Martin S. Kaye and Landra E. Rosenthal, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Charles C. Pierpoint and Thirkell, Pierpoint & Cretan for Real Party in Interest.


OPINION

SCOTT, Acting P.J.

The People of the State of California seek a writ of mandate to set aside a pretrial ruling authorizing separate juries for the guilt phase and penalty phase in a death penalty trial. We conclude that the court was without jurisdiction to make a pretrial ruling "discharging" the guilt phase jury (Pen. Code, § 190.4, subd. (c)). We issue a peremptory writ of mandate.

Guy Rowland has been charged...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases