COWAN v. SUPERIOR COURT

Docket No. S052051.

14 Cal.4th 367 (1996)

GERALD THOMAS COWAN, Petitioner, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

December 9, 1996.


Attorney(s) appearing for the Case

COUNSEL

David A. Torres for Petitioner.

John T. Philipsborn as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent

Edward R. Jagels, District Attorney, Stephen M. Tauzer, Assistant District Attorney, Thomas D. Sparks, Chief Deputy District Attorney, James F. Sweeney and Stephen J. Greene, Jr., Deputy District Attorneys, for Real Party in Interest.

Kent S. Scheidegger and Traci L. Huahn as Amici Curiae on behalf of Real Party in Interest.


OPINION

CHIN, J.

Petitioner, facing capital murder charges, agreed to plead guilty to the lesser offense of voluntary manslaughter. Prosecution of that offense, however, is time-barred. Petitioner wants to waive the statute of limitations for voluntary manslaughter to avoid prosecution on the greater charges. We must decide whether he may effectively do so. We conclude that he may expressly...

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