PEOPLE v. SUPERIOR COURT

Docket Nos. G012303, G012309.

9 Cal.App.4th 172 (1992)

11 Cal. Rptr.2d 652

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; GREGORY ALLEN STURM, Real Party in Interest. DANIEL MICHAEL DUFFY, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

August 31, 1992.


Attorney(s) appearing for the Case

COUNSEL

Michael R. Capizzi, District Attorney, Maurice L. Evans, Chief Assistant District Attorney, John D. Conley, Assistant District Attorney, Kathleen M. Harper and Gregg L. Prickett, Deputy District Attorneys, for Petitioner in G012303 and for Real Party in Interest in G012309.

No appearance for Respondent.

Ronald Y. Butler, Public Defender, Carl C. Holmes, Chief Deputy Public Defender, Thomas Havlena and Allyn Jaffrey, Deputy Public Defenders, for Real Party in Interest in G012303 and for Petitioner in G012309.


OPINION

CROSBY, Acting P.J.

We have consolidated these writ petitions arising from similar pretrial motions in unrelated capital cases to resolve these questions: Do the reciprocal discovery provisions of Penal Code section 1054 et seq. require defense disclosure of penalty phase evidence? Yes. Are they constitutional? Yes.

I

In both cases the prosecution served informal requests for discovery pursuant...

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