People v. Superior Court

Petitioners (the People) contend the superior court abused its discretion in refusing to set an execution date after the California *903 Supreme Court affirmed the judgment of death entered against real party in interest (defendant). We shall conclude that under Penal Code section 1193 the fixing of a date for imposition of the death penalty cannot be made contingent on the disposition of applications for further judicial review of the judgment beyond the direct appeal to this state’s high court.

The facts, as set forth in the People’s petition, are not in dispute. On June 22, 1990, the Supreme Court affirmed the judgment of death previously imposed in defendant’s case. On August 29 its remittitur issued. The superi- or court, pursuant to rule 490 of the California Rules of Court, scheduled a public session for October 18 to set an execution date. Defendant then moved for a continuance of the proceeding until “after final disposition of petition for certiorari in the United States Supreme Court.” The superior court granted a continuance until December 12. At the time that order was entered, no petition for certiorari had been filed. At the continuance hearing, the court…