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PEOPLE v. MORENO

Docket No. F011019.

228 Cal.App.3d 564 (1991)

279 Cal. Rptr. 140

THE PEOPLE, Plaintiff and Respondent, v. FERMIN FREDRIC MORENO et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

March 14, 1991.

Attorney(s) appearing for the Case

COUNSEL

James E. McCready and Cliff Gardner, under appointments by the Court of Appeal, for Defendants and Appellants.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Shirley A. Nelson and Jane N. Kirkland, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

THAXTER, J.

In what is apparently a case of first impression, we will hold that the special circumstances jury trial provision of Penal Code1 section 190.4, subdivision (a) is not mandated by the California Constitution.

STATEMENT OF THE CASE

In information...

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