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PEOPLE v. DUNCAN

Docket No. S004710. Crim. No. 25416.

53 Cal.3d 955 (1991)

810 P.2d 131

281 Cal. Rptr. 273

THE PEOPLE, Plaintiff and Respondent, v. HENRY EARL DUNCAN, Defendant and Appellant.

Supreme Court of California.

May 23, 1991.

Attorney(s) appearing for the Case

COUNSEL

Mitchell Zimmerman, under appointment by the Supreme Court, Sally M. Abel, Wayne D. Skigen, Stacie L. Solari, Fenwick & West, and Fenwick, Davis & West for Defendant and Appellant.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart, Chief Assistant Attoreney General, Arnold O. Overoye, Assistant Attorney General, Raymond L. Brosterhous III, Ward A. Campbell and Lisbeth Bellet, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

PANELLI, J.

Defendant Henry Earl Duncan was convicted of the first degree murder of Josephine Eileen DeBaun (Pen. Code, § 187),1 robbery (§ 211), and grand theft (§ 487). The jury found true a special circumstance allegation that the murder was committed in the course of a robbery (§ 190.2, subd. (a)(17)(i)) and that defendant "intended...

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