Anderson v. Justice Court

[400]

Opinion

CALDECOTT, P. J.

The basic issue presented by this petition is whether the justice court or the superior court has the jurisdiction under Penal Code section 987.9 to grant funds to an indigent defendant to be used in the preparation of his defense. We hold that the jurisdiction lies with the superior court.

Petitioner, Fred Maurice Anderson, seeks a writ of mandamus directing the Justice Court of San Benito County to grant his motion pursuant to Penal Code section 987.9. On March 27, 1979, a verified complaint was filed in the Justice Court of San Benito County, charging petitioner with violation of four counts of Penal Code section 187 (murder) with special circumstances pled as to each count, Penal Code section 190.2, subdivision (a).

On April 16, 1979, petitioner filed a motion requesting $10,000 pursuant to Penal Code section 987.9, which provides for funds for payment of investigators, experts and others in the preparation and presentation of the defense in the trial of an indigent defendant in a capital case. The magistrate denied petitioner’s motion for funds on the ground that the justice court was without jurisdiction to grant the motion and that jurisdiction rested with the trial court.

On April 30, petitioner secured an alternative writ of mandamus from the superior court, restraining the magistrate from proceeding with the preliminary hearing, ordering him to show cause why he should not be compelled to award said monies under Penal Code section 987.9.

On May 15, 1979, the alternative writ was discharged and the petition for writ was denied by the superior court. The court advised petitioner’s attorney to petition the superior court for funds, which would be advanced in the sum of $2,500 upon an appropriate showing. However, counsel declined that opportunity.

The present petition was filed and this court issued its alternative writ on August 20, 1979.

[401]