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FRANK v. SUPERIOR COURT

Docket No. S001963.

48 Cal.3d 632 (1989)

770 P.2d 1119

257 Cal. Rptr. 550

KENNETH FRANK, Petitioner, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

April 20, 1989.

Attorney(s) appearing for the Case

COUNSEL

Stanley Simrin and Simrin & Moloughney for Petitioner.

John M. Sink as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, J. Robert Jibson, Roger Venturi, Gary A. Binkerd, Robert R. Anderson, Edgar A. Kerry, Anthony L. Dicce and Gelacio L. Bayani, Deputy Attorneys General, for Real Party in Interest.

John J. Meehan, District Attorney (Alameda), Thomas J. Orloff and William M. Baldwin, Assistant District Attorneys, Cheryl M. Poncini, Deputy District Attorney, Kent S. Scheidegger and Charles L. Hobson as Amici Curiae on behalf of Real Party in Interest.

OPINION

PANELLI, J.

The Court of Appeal, by peremptory writ, directs the trial court to grant petitioner's motion to sever trial on two rape counts. We reverse.

An information filed in the Kern County Superior Court charges petitioner Dr. Kenneth Frank (hereafter Frank) in two counts of rape under Penal Code section 261, subdivision (3).1 Frank is accused...

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