People v. Superior Court (Jurado)

Opinion

HUFFMAN, J.

This case requires us to determine whether the “lying-in-wait” special-circumstance allegation (Pen. Code, § 190.2, subd. (a)(15)) 1 was properly charged under the facts and whether a defendant who is successful in having such allegation dismissed before jeopardy attaches may plead guilty to the remaining charges and allegations, and invoke principles of double jeopardy to prevent appellate review of such dismissal and the subsequent reinstatement of the dismissed allegation. We conclude neither the double jeopardy clause of the federal or state Constitutions bars appellate…