PEOPLE v. SUPERIOR COURT OF SANTA CLARA COUNTY

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Court of Appeal, First District, Division 4, California.

The PEOPLE, Petitioner, v. The SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent.

Allen Leroy ENGERT, Real Party in Interest. The PEOPLE, Petitioner, v. The SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent. John W. GAMBLE, Real Party in Interest.

Civ. 48470, 48390.

Decided: June 22, 1981

George Deukmejian, Atty. Gen. of the State of California, Robert H. Philibosian, Chief Asst. Atty. Gen., Edward P. O'Brien, Asst. Atty. Gen., Gloria F. DeHart, John B. Moy, Deputy Attys. Gen., San Francisco, for petitioner. Sheldon Portman, Public Defender, Michael A. Kresser, Deputy Public Defender, San Jose, for real parties in interest.

On December 3, 1980, the Supreme Court of the United States granted certiorari in these causes, vacated the judgment of this court, and remanded with directions, —- U.S. ——, 101 S.Ct. 344, 66 L.Ed.2d 209 “to consider whether (the) judgment is based on federal or state constitutional grounds, or both.” The majority of this court have reexamined their opinion (reported at 105 Cal.App.3d 365, 164 Cal.Rptr. 210) and certify that they relied on both the due process clause of the Fourteenth Amendment of the United States Constitution and Article I, sections 7(a) and 15, of the Constitution of the State of California. Poche, J., having dissented from the majority opinion, does not join in this certification.

FOOTNOTES

FOOTNOTE.  

THE COURT: * FN* Before RATTIGAN, Acting P. J., CHRISTIAN and POCHE, JJ.

Rehearing denied; Poche, J., dissenting.