People v. Superior Court (Stanley)

Opinion

BIRD, C. J.

— This court must decide whether the prosecution may petition for a writ of mandate to vacate a trial court order granting an accused’s motion for a change of venue.

I

Real party in interest, Joe Carl Stanley, was charged with possession of a sharp instrument while confined in a state prison. (Pen. Code, § 4502.) This offense allegedly occurred on May 9, 1978, at the California Correctional Center (Center) in Susanville, during a series of racial disturbances. These disturbances were reported locally in the Lassen Advocate. The articles were brief and factual. No mention was…