Garcia

Petitioner (defendant) seeks a writ of mandate commanding the respondent superior court to order the magistrate, a judge of the municipal court, to direct the People to conduct a “voice-only” lineup to ascertain if the victim of crimes charged against defendant can identify her assailant’s voice from among the voices of defendant and others. We shall hold that it is within the discretion of the magistrate so to direct the People and we shall grant extraordinary relief accordingly.

On June 7,1991, defendant was charged by a felony complaint filed in the municipal court with crimes allegedly perpetrated on April 15, 1991, to wit: kidnapping to commit robbery (Pen. Code, § 209, subd. (b)), robbery (Pen. Code, § 211), and being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)). (Further statutory references to sections of an undesignated code are to the Penal Code.) The complaint alleges Julia Marquez is the victim of the kidnapping and robbery.

The district attorney scheduled a physical lineup to be viewed by the victim. Defendant sought a protective order from the magistrate to limit the lineup to a “voice-only” lineup on the ground that a physical lineup…