People v. Posey

Opinion

GEORGE, C. J.

We granted review in this case to resolve an issue concerning venue that we noted but did not resolve in People v. Simon (2001) 25 Cal.4th 1082, 1110, footnote 18 [108 Cal.Rptr.2d 385, 25 P.3d 598], relating to the soundness and continuing vitality of the rule, set forth in a line of California judicial decisions, that declares the issue whether a criminal action has been brought in a place appropriate for trial to be a question of fact to be decided by the jury at the conclusion of trial rather than a question of law to be decided by the court prior to trial.

Penal Code…