P. v. Superior Court
Codefendants were charged by information with various crimes including conspiracy to commit burglary and robbery, attempted murder with premeditation and deliberation, robbery, residential burglary, street terrorism, attempted robbery, and active participation in a criminal street gang. Their trial is scheduled to begin November 9, 2006.
Bloom’s codefendants brought various motions to dismiss including motions to dismiss the attempted murder count. Defendant initially only filed a motion to dismiss the street terrorism charge and criminal street gang enhancements, but at oral argument joined in his codefendants “respective arguments.” Those arguments included claims that there was insufficient evidence to support the charge of attempted murder with premeditation. In ruling on the 995 motions, the superior court dismissed the attempted murder with premeditation and deliberation charge with respect to Bloom only. Although the People timely appealed, they seek a writ because, even if the appeal is successful, trial of this matter is to commence before the appeal can be decided. To avoid multiple trials, the issuance of a writ is appropriate.
The People filed the petition for a writ of mandate on September 19, 2006; on September 21, 2006, this court requested informal briefing and gave notice that it “may choose to act by issuing a peremptory writ in the first instance.” Court issued a peremptory writ of mandate.
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