Supreme Court of California
Alcala v. Superior Court of Orange County, S150806
In a criminal matter in which the prosecution moved under Penal Code section 790(b) to join five capital murder charges (one originating in Orange County and the others in Los Angeles County) in order to proceed with a single trial in Orange County, a court of appeals ruling on the matter is reversed where: 1) although the court of appeals correctly ruled that intercounty joinder was proper under the statute; nevertheless, 2) it erred in ruling that two of the Los Angeles murder charges had to be severed for separate trial, as all five charges may be tried jointly in Orange County.
Appellate Information
- Decided 06/12/2008
- Published 06/12/2008
Judges
- GEORGE, C.J.
Court
- Supreme Court of California
Counsel
- For Appellant:
- Richard L. Schwartzberg, under appointment by the Supreme Court, San Francisco, and George Peters, Santa Monica, for Petitioner., Tony Rackaukas, District Attorney, Brian N. Gurwitz and James J. Mulgrew, Deputy District Attorneys, for Real Party in Interest.
- For Appellees:
- No appearance for Respondent.