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PEOPLE v. SUPERIOR COURT (BRIM)

No. B229701.

193 Cal.App.4th 989 (2011)

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; RONALD BRIM, Real Party in Interest.

Court of Appeals of California, Second District, Division Four.

March 24, 2011.

Attorney(s) appearing for the Case

Steve Cooley , District Attorney, Phyllis Asayama and Gilbert S. Wright , Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Geoffrey R. Pope for Real Party in Interest.

OPINION

EPSTEIN, P. J.—

The People petition for a writ of mandate to vacate the trial court's October 28, 2010 order granting Ronald Brim's motion for a separate penalty jury in a capital murder case. The People contend the trial court abused its discretion under Penal Code section 190.4, subdivision (c). We agree and grant the petition, directing the trial court to vacate its order...

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