California Court of Appeal

Petition for writ of prohibition challenging trial court's denial of demurrer to amended information, which included newly charged aggravated facts, is denied over claims that no statutory procedure exists in California under which a jury may decide the truth of facts in aggravation and, in any event, facts in aggravation must be established by sufficient proof at a preliminary hearing or a grand jury, otherwise a motion to dismiss under Penal Code section 995 will lie.

Appellate Information

• Decided 03/28/2007
• Published 03/28/2007

Judges

• SCOTLAND, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Barry Melton, Public Defender, Jessie Morris, Jr., Chief Deputy Public Defender, Sally Fredericksen and Keri Goodrow, Deputy Public Defenders, for Petitioner., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Julie A. Hokans and Clayton S. Tanaka, Deputy Attorneys General, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.