PEOPLE v. SUPERIOR COURT (AISHMAN)

Docket No. S033133.

10 Cal.4th 735 (1995)

896 P.2d 1387

42 Cal. Rptr.2d 377

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; RONALD ALLAN AISHMAN et al., Real Parties in Interest.

Supreme Court of California.

July 3, 1995.


Attorney(s) appearing for the Case

COUNSEL

Ewin L. Miller, Jr., District Attorney, Thomas F. McArdle and Luis M. Aragon, Deputy District Attorneys, for Petitioner.

Arlo Smith, District Attorney (San Francisco) and Charles F. Haines, Assistant District Attorney, as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Francis J. Bardsley, Public Defender, Loren I. Mandel, Alternate Public Defender, Gary R. Nichols, Deputy Public Defender, Jacqueline C. Crowle, Alternate Deputy Public Defender, David L. Baker, Sandra Resnick, William L. Burnell, Gilbert E. Newton, Kent H. Thaeler and D. David Nielsen for Real Parties in Interest.

John T. Philipsborn, Katzoff & Riggs and Robert R. Riggs as Amici Curiae on behalf of Real Parties in Interest.


OPINION

WERDEGAR, J.

In this case we construe Penal Code section 422.75, one of California's "hate crimes" statutes.1 Section 422.75 provides for imposition of a sentence enhancement for felonies committed because of the victim's race, color, nationality, country of origin, ancestry, disability or sexual orientation. The trial court granted real parties' pretrial motion to dismiss the section 422.75 allegations...

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