People v. Superior Court (Flores)

The People petition for a writ of mandamus to compel the Tulare County Superior Court to vacate its April 19, 1989, order dismissing real party’s murder case.

On January 27, 1981, the Tulare County District Attorney filed an information in superior court charging real party in interest as follows: count I— murder (Pen. Code, § 187) with use of a firearm (§ 12022.5) and one felony-murder special circumstance (§ 190.2, subd. (a)(17)); count II—robbery (§ 211) with use of a firearm (§ 12022.5); and count III—attempted robbery (§§ 211, 664) with use of a firearm (§ 12022.5).

On March 22, 1981, jury trial commenced in superior court. On March 30, 1981, the jury rendered its verdict, finding real party guilty of murder, finding the special circumstance and the firearm use allegations true, and finding real party guilty of robbery and attempted robbery while personally armed.

On April 30, 1981, the superior court ordered real party, then a minor, placed in the California Youth Authority (CYA) Diagnostic Center for evaluation. On July 21, 1981, the superior court sentenced real party to state prison as follows: count I—life without possibility of parole plus a consecutive…