Corona v. Superior Court

An indictment filed in the Superior Court of Sutter County charges Juan Vallejo Corona with 25 murders. He pleaded not guilty and sought a change of venue, contending that pretrial publicity had prejudiced his right to a fair trial in Sutter County. The trial court denied the motion. He seeks a writ of mandate directing that court to order a change of venue to another county.

We turn initially to the standard governing our decision: When printed and broadcast pretrial publicity creates a reasonable likelihood that a fair trial cannot be had, the trial court should continue the case until the threat abates or transfer it to1 another county. (Pen. Code, § 1033, as added by Stats. 1971, ch. 1476; Maine v. Superior Court (1968) 68 Cal.2d 375, 383-384 [ 66 Cal.Rptr. 724 , 438 P.2d 372 ].) “A showing of actual prejudice shall not be required.” Following the trial court’s refusal of a request for venue change, an appellate court may entertain the request by way of a mandate proceeding. In that proceeding the appellate court may not limit itself to an “abuse of discretion” review; rather, it makes an independent review of the evidence and reaches a de novo decision. (Maine v.…