LUCAS v. SUPERIOR COURT

Docket No. D007578.

201 Cal.App.3d 149 (1988)

247 Cal. Rptr. 59

DAVID ALLEN LUCAS, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

April 29, 1988.


Attorney(s) appearing for the Case

COUNSEL

Steven E. Feldman, Alex L. Landon, Christopher Blake and Jeffrey J. Stuetz for Petitioner.

No appearance for Respondent.

Edwin L. Miller, Jr., District Attorney, Peter C. Lehman, Daniel T. Williams, George Clark and Thomas F. McArdle, Deputy District Attorneys, for Real Party in Interest.


OPINION

WORK, J.

Petitioner, David Allen Lucas, is charged in a capital case. He seeks to challenge a 1973 rape conviction and accompanying assault conviction which have been alleged as circumstances in aggravation for the penalty phase of his trial. Petitioner brought a Coffey-Sumstine motion (People v. Coffey (1967) 67 Cal.2d 204 [60 Cal.Rptr. 457

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