People v. Superior Court

The People challenge an order of respondent court granting defendant’s motion under Penal Code section 995 to dismiss special circumstance allegations filed as to two counts of murder, alleging that defendant committed each murder by means of lying in wait. (Pen. Code, § 190.2, subd. (a)(15).) Pretrial writ review of this ruling is justified in the interest of avoiding multiple trials and significant delay in resolution of the issue. (People v. Superior Court (Caudle) (1990) 221 Cal.App.3d 1190, 1193, fn. 2 [ 270 Cal.Rptr. 751 ].)

Facts and Procedural History

The transcript of the preliminary hearing shows that defendant and his wife, Monica, separated sometime in the spring of 1998. After the separation, defendant lived at his mother’s house, which was near the location where Monica lived. After the separation, defendant began telephoning Monica, following her, and parking outside her home and office. When Monica threatened to get a restraining order against him, defendant replied, “Go ahead, if you are still alive.” On July 17, 1998, when Monica told defendant she was going on a trip to Las Vegas, he announced that he was going also, stating that he could go anywhere…