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ALCALA v. SUPERIOR COURT OF ORANGE COUNTY

No. S150806.

43 Cal.4th 1205 (2008)

RODNEY JAMES ALCALA, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

As modified June 18, 2008.

Attorney(s) appearing for the Case

Richard L. Schwartzberg, under appointment by the Supreme Court; and George Peters for Petitioner.

No appearance for Respondent.

Tony Rackaukas, District Attorney, Brian N. Gurwitz and James J. Mulgrew, Deputy District Attorneys, for Real Party in Interest.

OPINION

GEORGE, C. J.

In this matter, the prosecution moved under Penal Code section 790, subdivision (b) (section 790(b)),1 to join five murder charges — one originating in Orange County, and the other four in Los Angeles County—in order to proceed with a single trial in Orange County. Each murder charge alleges a separate special circumstance (§ 190.2), making each

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