Introducing ATLASLearn more
Legal Opinion

People v. Superior Court (Pomilia)

California Court of Appeal

Decided November 13, 1991No. D015228PublishedCited by 10 opinions

1Opinion of the Court

Opinion

NARES, J.

—Penal Code section 12022, subdivision (c) 1 provides that persons committing specified narcotics offenses who are “personally armed” shall have a three-, four-, or five-year enhancement to the term of imprisonment otherwise ordered. Kenneth Martin Pomilia was charged with an enumerated offense and this enhancement was alleged. On Pomilia’s motion the enhancement was struck in proceedings below, and the People sought mandate to have the enhancing allegation restored before trial. We issue the writ.

Question Presented

We must here determine whether the Legislature intended the…

2Cases cited8 opinions

  1. Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
  2. Walnut Creek Manor v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1991
  3. People v. ColeCalifornia Supreme Court · 1982
  4. People v. Superior CourtCalifornia Supreme Court · 1982
  5. People v. ReavesCalifornia Court of Appeal · 1974

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. People v. BlandCalifornia Supreme Court · 1995
  2. People v. PenaCalifornia Court of Appeal · 1999
  3. People v. MendivalCalifornia Court of Appeal · 1992
  4. People v. SmithCalifornia Court of Appeal · 1992
  5. ALVAKADO v. Superior CourtCalifornia Court of Appeal · 2007

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API