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YOSHISATO v. SUPERIOR COURT

Docket No. S022929.

2 Cal.4th 978 (1992)

831 P.2d 327

9 Cal. Rptr.2d 102

WAYNE ICHIJA YOSHISATO, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

June 25, 1992.

Attorney(s) appearing for the Case

COUNSEL

Ronald Y. Butler, Public Defender, Carl C. Holmes, Chief Deputy Public Defender, Thomas Havlena and Kevin J. Phillips, Deputy Public Defenders, for Petitioner.

Fern M. Laethem, State Public Defender, Albert W. Brodie and Mary K. McComb, Deputy State Public Defenders, as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Michael R. Capizzi, District Attorney, Maurice L. Evans, Chief Assistant District Attorney, John D. Conley, Assistant District Attorney, Douglas Woodsmall, Gregg L. Prickett and Katheleen M. Harper, Deputy District Attorneys, for Real Party in Interest.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Harley D. Mayfield, Assistant Attorney General, Robert M. Foster and Frederick R. Millar, Jr., Deputy Attorneys General, as Amici Curiae on behalf of Real Party in Interest.

OPINION

LUCAS, C.J.

In the June 1990 Primary Election, the voters approved two measures (Propositions 114 and 115), both of which amended Penal Code section 190.2 (hereafter section 190.2). Proposition 114 received more votes than Proposition 115, and is clearly operative. We granted review to decide whether, and to what extent, the amendments made to section 190.2 by Proposition 115 should be given effect. (See Cal. Const., art....

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