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PEOPLE v. SUPERIOR COURT (BRADWAY)

No. D040580.

129 Cal.Rptr.2d 324 (2003)

105 Cal.App.4th 297

The PEOPLE, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; Gabriel John BRADWAY, Real Party in Interest.

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

As Modified January 16, 2003.

Review Denied April 9, 2003.

Attorney(s) appearing for the Case

Paul J. Pfingst, District Attorney, Thomas F. McArdle, Anthony Lovett and Richard S. Armstrong, Deputy District Attorneys, for Petitioner.

Steven J. Carroll, Public Defender, Mark Kirkness, Matthew Braner, and Gary Nichols, Deputy Public Defenders, for Real Party in Interest.

HUFFMAN, J.

The People of the State of California petition for a writ of mandate commanding respondent court to vacate its order of May 24, 2002, granting real party in interest Gabriel John Bradway's motion to dismiss the allegation of special circumstances under Penal Code 1 section 190.2, subdivision (a)(15) on grounds the statute, as amended in 2000 by the passage of Proposition 18...

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