California Court of Appeal

Reset A A Font size: Print

People v. Davis, A125490

In a prosecution of defendant for two counts of murder in connection with the 2004 and 2006 deaths of her infant sons, trial court's grant of defendant's motion to set aside the special venue allegation - justifying a single trial in a county - arguing that Alcala v. Superior Court (2008) 43 Cal.4th 1205 held that Penal Code section 790(b) is intended to allow a single trial only of serial killers, is reversed as the trial court abused its discretion in its misapprehension of the scope of section 790(b), as the evidence was more than ample to support the grand jury's implicit finding of a common element of a substantial importance and that is sufficient to defeat a motion under section 995.

Appellate Information

  • Decided 04/30/2010
  • Published 04/30/2010

Judges

  • RICHMAN, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Robert J. Kochly, District Attorney, Doug MacMaster, Deputy District Attorney, for Plaintiff and Appellant.

  • For Appellees:
  • Robin Lipetzky, Acting Public Defender, under appointment by the Court of Appeal, and Jonathan Laba, Deputy Public Defender, for Defendant and Respondent.
Copied to clipboard