BIGELOW v. SUPERIOR COURT

Docket No. H004787.

208 Cal.App.3d 1127 (1989)

256 Cal. Rptr. 528

JERRY D. BIGELOW, Petitioner, v. THE SUPERIOR COURT OF MONTEREY COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Sixth District.

March 20, 1989.


Attorney(s) appearing for the Case

COUNSEL

Robert R. Bryan and Gayle A. Gutekunst for Petitioner.

No appearance for Respondent.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Martin S. Kaye and Ronald S. Matthias, Deputy Attorneys General, for Real Parties in Interest.


OPINION

BRAUER, J.

Petitioner, Jerry D. Bigelow, was tried for murder, robbery and kidnapping. The jury convicted him of robbery and kidnapping, but the following bizarre circumstances resulted in a mistrial on the murder charge: The jury had first submitted a verdict which acquitted Bigelow of murder, but found that the charged special circumstances existed. While the trial court and counsel attempted, over a period of one and one...

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