Yoshisato v. Superior Court

Opinion

LUCAS, C. J.

In the June 1990 Primary Election, the voters approved two measures (Propositions 114 and 115), both of which amended Penal Code section 190.2 (hereafter section 190.2). Proposition 114 received more votes than Proposition 115, and is clearly operative. We granted review to decide whether, and to what extent, the amendments made to section 190.2 by Proposition 115 should be given effect. (See Cal. Const., art. II, § 10, subd. (b).) We conclude that all of the substantive amendments made to section 190.2 by Proposition 115 are effective.

I. Facts and Procedure

Petitioner…