Legal Opinion

People v. Superior Court

California Court of Appeal

Decided December 19, 2007No. B197189PublishedCited by 3 opinions

1Opinion of the Court

Opinion

COOPER, P. J.

In this original proceeding, brought prior to a criminal trial, the People seek to amend an information to allege aggravating circumstances listed in California Rules of Court, rule 4.421 and secure a jury trial of those alleged aggravating circumstances. Our high court has disapproved of a similar procedure in People v. Sandoval (2007) 41 Cal.4th 825 [62 Cal.Rptr.3d 588, 161 P.3d 1146] (Sandoval), a case decided after the People *4filed their petition and after we issued an alternative writ. Following Sandoval, we deny the petition, dissolve the alternative writ, and vacate…

2Cases cited5 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
  3. Cunningham v. CaliforniaSupreme Court of the United States · 2007
  4. People v. SandovalCalifornia Supreme Court · 2007
  5. Barragan v. Superior CourtCalifornia Court of Appeal · 2007

3Cited by3 opinions

  1. Douglas A. Scott v. PerkinElmer Health Sciences, Inc.District Court, N.D. California · 2026
  2. Douglas A. Scott v. PerkinElmer Health Sciences, Inc.District Court, N.D. California · 2026
  3. People v. PantaleonCalifornia Court of Appeal · 2023

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