People v. Superior Court (Bolden)

The People of the State of California challenge a superior

court ruling granting a motion made under Penal Code section 995. The court dismissed both a charge of robbery and an allegation that the robbery “special circumstance” should be used to enhance the punishment for a murder charge. The court ruled that in light of People v. Morris (1988) 46 Cal.3d 1, 20-21 [ 249 Cal.Rptr. 119 , 756 P.2d 843 ], the evidence did not permit an inference that the defendant formed the intent to steal before or during the killing. We conclude that the court erred in its application of Morris to the holding order in this case.

I

In broad outline, the prosecution presented the following evidence at the preliminary examination. Testimony revealed that the victim was an adult homosexual male. Evidence indicated that he was killed on the sofa in his living room, having been stabbed in the back and the chest. His body was found in the bathtub, wrapped in a bedspread. An empty wine bottle and two wine glasses were on the living room coffee table. At the time of the autopsy, the victim’s blood-alcohol level was 0.36, suggesting that at the time of death he was very inebriated. There was no…