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PEOPLE v. FRANC

Docket No. B036683.

218 Cal.App.3d 588 (1990)

267 Cal. Rptr. 109

THE PEOPLE, Plaintiff and Appellant, v. MAX BERNARD FRANC, Defendant and Respondent.

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

March 1, 1990.

Attorney(s) appearing for the Case

COUNSEL

Ira Reiner, District Attorney, Harry B. Sondheim and Brent Riggs, Deputy District Attorneys, for Plaintiff and Appellant.

Wilbur F. Littlefield, Public Defender, under appointment by the Court of Appeal, Laurence M. Sarnoff, Charles Gessler and Henry J. Hall, Deputy Public Defenders, for Defendant and Respondent.

OPINION

HANSON, J. —

INTRODUCTION

The People, appealing the trial court's ruling striking a Penal Code section 190.2, subdivision (a)(14) allegation that a murder was especially heinous, atrocious, and cruel, request this court to review and overrule existing California Supreme Court precedent holding such an allegation unconstitutional and to reverse the trial court's ruling. Because of the stare decisis doctrine...

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