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PEOPLE v. WHARTON

Docket No. S004769.

53 Cal.3d 522 (1991)

809 P.2d 290

280 Cal. Rptr. 631

THE PEOPLE, Plaintiff and Respondent, v. GEORGE HERBERT WHARTON, Defendant and Respondent.

Supreme Court of California.

April 29, 1991.

Attorney(s) appearing for the Case

COUNSEL

Horace N. Freedman for Defendant and Appellant.

Munger, Tolles & Olson, Bradley S. Phillips, Livingston & Mattesich, James M. Mattesich, Dickstein, Shapiro & Morin, Kenneth L. Adams, Keck, Mahin & Cate, Steven L. Engelberg, Robert Cohen and Richard S. Leslie as Amici Curiae on behalf of Defendant and Appellant.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart, Chief Assistant Attorney General, Edward T. Fogel, Jr.,

Assistant Attorney General, Donald E. De Nicola, Jennifer S. Cady and Robert D. Breton, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

LUCAS, C.J.

George Herbert Wharton was convicted in 1986 of the first degree murder of Linda Smith. After being advised of and waiving his constitutional rights, he admitted the truth of a single special-circumstance allegation charging a prior conviction of second degree murder. (Pen. Code, § 190.2, subd. (a)(2); all further statutory references are to this code unless otherwise indicated.) He also admitted having suffered...

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