Leo

Introduction

This case presents a question of first impression. Petitioner Jack Oscar Leo, who is charged with a capital offense, seeks a writ of mandate directing respondent superior court to vacate its ruling allowing the People, the real party in interest, to revise its initial decision not to seek the death penalty and to instead pursue the death penalty against petitioner. The People having shown cause before this court why such writ should not issue, the alternative writ is discharged and the peremptory writ is denied.

Facts

On August 7, 1984, following a preliminary hearing, an information was filed in respondent court charging petitioner with the robberies of Robert J. Mallory, Laura J. Mallory, and Kathy Rhea (Pen. Code, § 211) and the murder of Robert J. Mallory (Pen. Code, § 187) on February 27, 1984, at the Plaza West Pharmacy. It was further alleged that in the commission of the murder, petitioner had personally used a firearm, to wit, a sawed-off shotgun, within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(1); and that the murder was committed during the commission of a robbery within the meaning of Penal Code section 190.2,…