People v. Superior Court

In this original proceeding, brought prior to a criminal trial, the People seek to amend an information to allege aggravating circumstances listed in California Rules of Court, rule 4.421 and secure a jury trial of those alleged aggravating circumstances. Our high court has disapproved of a similar procedure in People v. Sandoval (2007) 41 Cal.4th 825 [ 62 Cal.Rptr.3d 588 , 161 P.3d 1146 ] (Sandoval), a case decided after the People *4 filed their petition and after we issued an alternative writ. Following Sandoval , we deny the petition, dissolve the alternative writ, and vacate the stay.

FACTUAL AND PROCEDURAL BACKGROUND

Prior to a criminal trial, the People sought to amend an information to allege 10 aggravating circumstances in the trial of Demetrius Lament Brooks. Specifically, the prosecution sought to allege all of the following: (1) “that the crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness”; (2) “that the victim was particularly vulnerable”; (3) “that the defendant threatened witnesses, unlawfully prevented or dissuaded witnesses from testifying,…