People v. Superior Court (Clark)

Opinion

(Pen. Code, § 190.2, subd. (a)(17)(i) & (vii)) against the three “non-shooter defendants” on the ground that Proposition 115 could not be. applied to crimes committed after its passage but before the California Supreme Court’s decision in Yoshisato v. Superior Court (1992) 2 Cal.4th 978 [9 Cal.Rptr.2d 102, 831 P.2d 327] (which held Proposition 115 was effective). Because we conclude the provisions of Proposition 115 apply to crimes committed after its passage and before Yoshisato was decided, we grant the People’s petition and direct the trial court to deny the motion to dismiss.

I

Defend…