Harris

Petitioner Marvin Harris seeks a writ of mandate to compel respondent superior court to vacate its order denying petitioner’s motion to strike the special circumstances alleged pursuant to Penal Code section 190.2, subdivisions (a)(17)(i) and (ii).

On June 10, 1981, a verified information was filed charging petitioner with the murder of June Azevedo on January 19, 1981. (Pen. Code, § 187.) The information also specially alleged that the murder occurred during the commission of a robbery in violation of section 211 and a kidnapping in violation of sections 207 and 209. The information contained no charges of the substantive offenses of robbery and/or kidnapping.

On January 16, 1984, a jury found petitioner guilty of murder and found the special circumstances true. Petitioner’s conviction was reversed by this court on June 16, 1987. (People v. Harris (1987) 192 Cal.App.3d 943 [ 237 Cal.Rptr. 747 ].)

On November 16, 1987, petitioner moved to strike the special circumstance allegations in the information on the grounds that the statute of limitations had run on the underlying felonies. Real party then filed its opposition to petitioner’s motion and at the same time asked…