Young

Petitioner seeks a writ of mandate directing respondent court to grant his motion for change of venue in a Criminal action pending against him.

Petitioner stands accused by information of soliciting the crime of robbery in violation of Penal Code section 65 3f and possession of a *169 sawed-off shotgun in violation of Penal Code section 12020, subdivision (a).

The pretrial publicity in this case was moderate in amount and factual in nature. However, the publicity discloses that the charges against petitioner are grounded upon unusual factual allegations. While employed as a police officer for the City of San Luis Obispo, petitioner allegedly solicited two other city police officers to commit armed robbery by flying to small towns throughout California, holding up motels, taking but not returning hostages, and killing any police officers who may get in the way. The publicity also indicates that petitioner’s primary defense to the solicitation charges probably will be that he was not serious about commission of the above described robberies.

Discussion

A motion for change of venue should be granted whenever it is determined that potentially prejudicial publicity creates…