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PEOPLE v. BUCKLEY

Docket No. A028979.

183 Cal.App.3d 489 (1986)

228 Cal. Rptr. 128

THE PEOPLE, Plaintiff and Appellant, v. BOBBY JOE BUCKLEY, Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

July 18, 1986.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Linda Ludlow and Morris Lenk, Deputy Attorneys General, for Plaintiff and Appellant.

James R. Jenner, Public Defender, David L. Andersen and Scott A. Sugarman, Assistant Public Defenders, for Defendant and Respondent.

OPINION

SABRAW, J.

In this appeal we determine that when an information charges murder in the first degree with the special circumstance of intentionally killing a peace officer, the defendant is not entitled to a pretrial determination of the facial constitutionality of subjecting to the death penalty a defendant who reasonably should have known that the victim he intentionally killed was a peace officer.

On January 11, 1983...

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