People v. Johnson

Full title: PEOPLE v. JOHNSON (Frank William).

Court: Supreme Court of California

Date published: May 20, 2010

110 Cal. Rptr. 3d 2 (Cal. 2010)

231 P.3d 908

Opinion

Page __

__ Cal.4th __ 231 P.3d 908, 110 Cal.Rptr.3d 2 PEOPLE v. JOHNSON (Frank William). No. S164388 Supreme Court of California May 20, 2010

         Prior report: __ Cal.App. __, 76 Cal.Rptr.3d 882.

          OPINION

          Transferred to Court of Appeal, Fourth Appellate District, Division One, after hold.

         The above-entitled matter is transferred to the Court of Appeal, Fourth Appellate District, Division One, with directions to vacate its decision and to reconsider the cause in light of People v. McKee (2010) 47 Cal.4th 1172, 104 Cal.Rptr.3d 427, 223 P.3d 566. (Cal. Rules of Court, rule 8.528(d).) In order to avoid an unnecessary multiplicity of proceedings, the court is additionally directed to suspend further proceedings pending finality of the proceedings on remand in McKee (see McKee, supra, 47 Cal.4th at pp. 1208-1210, 104 Cal.Rptr.3d 427, 223 P.3d 566), including any proceeding in the Superior Court of San Diego County in which McKee may be consolidated with related matters. "Finality of the proceedings" shall include the finality of any subsequent appeal and any proceedings in this court.

         GEORGE, C.J., KENNARD, BAXTER, WERDEGAR, CHIN, MORENO, and CORRIGAN, JJ.