Evans v. Superior Court

Opinion

WRIGHT, C. J.

On application of Vemel Evans we issued an alternative writ of mandate requiring the respondent court to vacate or to show cause why it should not vacate an order denying petitioner the right to be identified pursuant to a lineup in criminal proceedings on an information charging three counts of robbery, one count of receiving stolen property and one count of a concealed weapon violation (Pen. Code, §§ 211, 496 and 12021 respectively). The trial court, after tentatively finding that fairness dictated that petitioner should be afforded the identification procedures…