People v. Superior Court (Rowland)

The People of the State of California seek a writ of mandate to set aside a pretrial ruling authorizing separate juries for the guilt phase and penalty phase in a death penalty trial. We conclude that the court was without jurisdiction to make a pretrial ruling “discharging” the guilt phase jury (Pen. Code, § 190.4, subd. (c)). We issue a peremptory writ of mandate.

Guy Rowland has been charged with first degree murder (Pen. Code, § 187) with special circumstances (Pen. Code, § 190.2, subd. (a)(17)(iii)). During in limine proceedings, the court ruled that certain prior convictions would not be admissible at the guilt phase unless he testified, and reserved judgment on whether other unadjudicated prior offenses could be admitted to impeach him. Both parties agree that all these prior offenses could be admitted in the penalty phase, whether or not the defendant testifies.

After the in limine proceedings, defense counsel moved for a determination that a second jury would be impaneled for the penalty phase of the trial. In broad outline, the defense justification for two juries was the need to expose the penalty phase jury to the defendant’s prior convictions and offenses…