PEOPLE v. SUPERIOR COURT (KIM)

Docket No. G014181.

20 Cal.App.4th 936 (1993)

25 Cal. Rptr.2d 38

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; KIRN YOUNG KIM, Real Party in Interest.

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

November 30, 1993.


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, Richard King, Christopher J. Evans and Gregg L. Prickett, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

William J. Kopeny, under appointment by the Court of Appeal, Stokke & Riddet and Alan H. Stokke for Real Party in Interest.


OPINION

SILLS, P.J.

We are faced here with an interesting paradox. It is well established a capital offense is one which carries the maximum possible penalty of death. It is also well established a person under the age of 18 years cannot, by law, be punished with the death penalty. Petitioner asks us to hold that Kim — a minor — faces a capital offense because, although he cannot, by law, be punished with the death penalty...

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