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PEOPLE v. SUPERIOR COURT (GORDON)

Docket No. C009903.

226 Cal.App.3d 901 (1990)

277 Cal. Rptr. 321

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; PATRICK BRUCE GORDON, Real Party in Interest.

Court of Appeals of California, Third District.

December 27, 1990.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Roger E. Venturi and Ward A. Campbell, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Fern M. Laethem, State Public Defender, under appointment by the Court of Appeal, Dee Hayashi and Michael Tanaka, Deputy State Public Defenders, for Real Party in Interest.

OPINION

PUGLIA, P.J.

Petitioners (the People) contend the superior court abused its discretion in refusing to set an execution date after the California Supreme Court affirmed the judgment of death entered against real party in interest (defendant). We shall conclude that under Penal Code section 1193 the fixing of a date for imposition of the death penalty cannot be made contingent...

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