People v. Franc

Opinion

HANSON, J.

Introduction

The People, appealing the trial court’s ruling striking a Penal Code section 190.2, subdivision (a)(14) allegation that a murder was especially heinous, atrocious, and cruel, request this court to review and overrule existing California Supreme Court precedent holding such an allegation unconstitutional and to reverse the trial court’s ruling. Because of the stare decisis doctrine, however, and because evidence at the preliminary hearing supports the trial court’s determination, we affirm its ruling striking the special circumstances allegation from the…