Currie

Currie v. Superior Court

Good Law

1991 Cal. App. LEXIS 478·230 Cal. App. 3d 83·281 Cal. Rptr. 250·91 Daily Journal DAR 5711·91 Cal. Daily Op. Serv. 3568

Court of Appeal of CaliforniaMay 14, 1991Docket Nos. B053156, B053232California6,076 words

Opinion

Woods, J.

In these consolidated original proceedings petitioners James Currie (Currie) and Eugene Finley (Finley) seek a writ mandating respondent superior court to dismiss the informations pending against them. The sought for relief is based upon the prosecutor’s failure to inform petitioners until after their preliminary hearings that the victim of all the charges alleged against them was himself currently charged with filing a false report, a misdemeanor (Pen. Code, § 148.5). We deny the writs.

Procedural Background

Petitioners, in separate informations consolidated for trial, are charged with conspiracy to commit murder (§ 182, subd. (a)(1)), robbery (§ 211), felony assault (§ 245, subd. (a)(1)), and burglary (§ 459). All the crimes are alleged to have occurred on June 30, 1989. The alleged victim is Bart Francis Sullivan (Sullivan). Petitioner Currie is additionally charged with dissuading a witness (§ 136.1, subd. (c)(1)) and solicitation of murder (§ 653f, subd. (b)). The victim of these crimes, allegedly committed November 16, 1989, is also Sullivan.

The procedural history is tortuous. On August 1, 1989, the district attorney filed a felony complaint against Currie…

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