People v. Krivda

• Court: California Supreme Court
• Citation: People v. Krivda, 105 Cal.Rptr. 521, 8 Cal.3d 623 (Cal. 1973)
• Decision Date: 04 January 1973
• Docket Number: Cr. 15295
• Parties: , 504 P.2d 457 The PEOPLE, Plaintiff and Appellant, v. Judith KRIVDA et al., Defendants and Respondents. In Bank

Page 521

105 Cal.Rptr. 521

8 Cal.3d 623, 504 P.2d 457

The PEOPLE, Plaintiff and Appellant, v. Judith KRIVDA et al., Defendants and Respondents.

Cr. 15295.

Supreme Court of California,

In Bank.

Jan. 4, 1973.

BY THE COURT.

The Supreme Court of the United States on October 24, 1972, issued its judgment and mandate that 'the judgment of the Supreme Court of California in this cause be vacated, and that this cause be remanded to the Supreme Court of the State of California for further proceedings not inconsistent with the opinion of this Court.'

The opinion of the United States Supreme Court, reported at 409 U.S. 33, 93 S.Ct. 32, 34 L.Ed.2d 45, in part stated that 'After briefing and argument . . . we are unable to determine whether the California Supreme Court based its holding upon the Fourth and Fourteenth Amendments to the Constitution of the United States or upon the equivalent provision of the California Constitution, or both. . . . We therefore vacate the judgment of the Supreme Court of California and remand the cause to that court for such further proceedings as may be appropriate. (Citations.)'

Pursuant to the mandate hereinabove quoted we have reexamined our opinion in the subject case (reported at 5 Cal.3d 357, 96 Cal.Rptr. 62, 486 P.2d 1262) and...