People v. Superior Court (Quinteros)

After respondent superior court dismissed all but one count of the criminal information filed in this case, the People petitioned this court to issue a writ of mandate and requested that the trial of real party in interest Miguel Angel Quinteros (defendant) be stayed until this court determined the merits of the petition. We have stayed the trial proceedings and issued an alternative writ of mandate. Defendant filed an opposition to the petition, and we held a “show cause” hearing on December 1, 1992. Finding that the People’s contentions have merit, we have determined that a peremptory writ should issue.

Background

Defendant, along with two other defendants—Abel Santamaría and Enrique Pantaleon, was charged in an information filed by the district attorney on July 27, 1992, with one count of murder (count 1), one count of conspiracy (count 2) and three counts of assault (counts 3-5). In count 6 of the information, defendant alone was charged with commission of the crime of extortion.

Respondent superior court granted motions to set aside the information as to counts 1 through 5 as to defendant. Defendant brought these motions under Penal Code sections 995, 1385, 1387,…