The Fifth Appellate District granted a petition for writ of mandate. The court held in a capital murder case that dismissal of the People’s special circumstance allegation in sanction of their untimely disclosure of discovery materials was improper as not mandated by the federal constitution.

Brothers Jorge and Jose Landin, members of the Surenos, and several other people were in a car driven by Jose in the drive-through of a fast-food restaurant in Visalia. Jose was wearing a blue shirt that said “sur” on it.