Tapia (D) was accused of committing first-degree murder on February 12, 1989. Prop. 115 took effect on June 6, 1990. Voir dire had not been started on D's prosecution by that date, but the trial judge ruled that he could do the voir dire as mandated under Prop. 115. D objected and petitioned the Court of Appeal for a writ of mandate. That relief was denied. D appealed.