THE PEOPLE, Petitioner,
v.
THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; ROBERT A. JURADO, JR., Real Party in Interest.
Court of Appeals of California, Fourth District, Division One.https://leagle.com/images/logo.png
March 24, 1992.
March 24, 1992.
Attorney(s) appearing for the Case
COUNSEL
Edwin L. Miller, Jr., District Attorney, Thomas F. McArdle and Craig E. Fisher, Deputy District Attorneys, for Petitioner.
Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Keith I. Motley and Frederick R. Millar, Jr., Deputy Attorneys General, as Amici Curiae, upon the request of the Court of Appeal, on behalf of Petitioner.
No appearance for Respondent.
Glenn Stewart Warren and Elizabeth A. Missakian for Real Party in Interest.
Elaine A. Alexander and Martin Buchanan as Amici Curiae, upon the request of the Court of Appeal, on behalf of Real Party in Interest.
Court of Appeals of California, Fourth District, Division One.
OPINION
HUFFMAN, J.
This case requires us to determine whether the "lying-in-wait" special-circumstance allegation (Pen. Code, § 190.2, subd. (a)(15))1 was properly charged under the facts and whether a defendant who is successful in having such allegation dismissed before jeopardy attaches may plead guilty to the remaining charges and allegations,...
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