People v. Superior Court (Jurado)

This case requires us to determine whether the “lying-in-wait” special-circumstance allegation (Pen. Code, § 190.2, subd. (a)(15)) was properly charged under the facts and whether a defendant who is successful in having such allegation dismissed before jeopardy attaches may plead guilty to the remaining charges and allegations, and invoke principles of double jeopardy to prevent appellate review of such dismissal and the subsequent reinstatement of the dismissed allegation. We conclude neither the double jeopardy clause of the federal or state Constitutions bars appellate review or reinstatement of the dismissed allegation. We further find the trial court erred in dismissing the “lying-in-wait” special circumstance which was properly charged on the facts of this case. Accordingly, we will grant the People’s mandamus petition, vacate the stay, and return the matter to the trial court for further proceedings.

Factual and Procedural Background

On May 17, 1991, the body of Teresa Holloway was discovered in a culvert adjacent to highway 163 in San Diego’s Balboa Park. She had visible trauma to her head and face consistent with being struck with a hard object. An autopsy…