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PEOPLE v. SUPERIOR COURT (CLARK)

Docket No. G014522.

22 Cal.App.4th 1541 (1994)

28 Cal. Rptr.2d 46

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; WILLIAM CLINTON CLARK et al., Real Parties in Interest.

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

February 28, 1994.

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.

Earley, Keller & Charton, Jack M. Earley, James G. Enright, Keith C. Monroe, Pohlson, Moorhead & Goethals and Thomas M. Goethals for Real Parties in Interest.

Ronald Y. Butler, Public Defender, Carl C. Holmes, Chief Deputy Public Defender, Thomas Havlena and Kevin J. Phillips, Deputy Public Defenders, as Amici Curiae on behalf of Real Parties in Interest.

OPINION

SILLS, P.J.

The trial court dismissed the special circumstance allegations (Pen. Code, § 190.2, subd. (a)(17)(i) & (vii)) against the three "non-shooter defendants" on the ground that Proposition 115 could not be applied to crimes committed after its passage but before the California Supreme Court's decision in Yoshisato v. Superior Court (1992) 2 Cal.4th 978 ...

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