Rich

1. Introduction

The criminal charges against defendant Elwood Stevanson Rich arose in the County of Riverside. The entire Riverside County Superior Court recused itself from hearing the criminal proceedings. The California Judicial Council assigned the case to San Bernardino Superior Court Judge J. Michael Welch for all purposes and the case was tried in San Bernardino County.

Three questions are presented by the appeal: Does Penal Code section 777 preclude trial of a Riverside County crime in San Bernardino County? Is defendant’s appeal on this issue barred by this court’s prior appellate decision denying defendant’s petition for a writ of mandate? Did the trial court properly enhance defendant’s sentence under section 12022.3 even though the crimes of which defendant was convicted were not specifically listed in that section?

We find that this court’s appellate decision denying defendant’s petition for a writ of mandate is the law of the case and precludes defendant’s appeal on the ground of violation of the venue provisions of section 777. We also find that the trial court properly enhanced defendant’s sentence under section 12022.3 because that section is directed…