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Alcala v. Superior Court (People) (2008) , Cal.4th
[No. S150806. Jun. 12, 2008.]
RODNEY JAMES ALCALA, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.
(Superior Court of Orange County, No. C-42861, Francisco P. Briseno, Judge.)
(The Court of Appeal, Fourth Dist., Div. Three, No. G036911, 147 Cal.App.4th 1492.)
(Opinion by George, C. J., expressing the unanimous view of the court.)
OPINION
GEORGE, C. J.-
In this matter, the prosecution moved under Penal Code section 790, subdivision (b) (section 790(b)), fn. 1 to join five murder charges -- one originating in Orange County, and the other four in Los Angeles County -- in order to proceed with a single trial in Orange County. Each murder charge alleges a separate special circumstance (§ 190.2), making each a charge of a capital offense. We granted review to address the Court of Appeal's conclusions that (1) intercounty joinder is proper under the statute, but (2) two of the Los Angeles murder charges must be severed for separate trial. We conclude that the appellate court was correct on the first point, but erred on the second -- and therefore that a single trial on all five charges may proceed. {Slip Opn. Page 2}
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