Curl v. Superior Court (People)

• Decision Date: 17 August 1989
• Docket Number: No. S010655,S010655
• Citation: 261 Cal.Rptr. 685,777 P.2d 1119
• Court: California Supreme Court
• Parties: Robert Zane CURL, Petitioner, v. SUPERIOR COURT of the County of Fresno, Respondent; PEOPLE, Real Party in Interest.

Page 685

261 Cal.Rptr. 685

777 P.2d 1119

Robert Zane CURL, Petitioner, v. SUPERIOR COURT of the County of Fresno, Respondent; PEOPLE, Real Party in Interest.

No. S010655.

Supreme Court of California, In Bank.

Aug. 17, 1989.

As Modified Sept. 21, 1989.

Prior report: Cal.App., 258 Cal.Rptr. 308.

Petitions for review GRANTED.

The order granting review is hereby modified:

Pursuant to Rule 29.2(b) of the California Rules of Court, review is limited to, and briefs on the merits are to be confined to, the following issues discussed in the opinion of the Court of Appeal: (1) whether the constitutional validity of a prior murder conviction underlying a prior murder-special circumstance can be challenged by pretrial motion; and (2) what is the standard of proof by which the People must establish the constitutional validity of such a prior murder conviction.

Pursuant to Rule 29.3(a) of the California Rules of Court, defendant shall be deemed the petitioner for purposes of the order in which the briefs are to be filed.

LUCAS, C.J., and MOSK, BROUSSARD, PANELLI, EAGLESON and KAUFMAN, JJ., concur.