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PEOPLE v. KELLY

Docket No. S005092.

1 Cal.4th 495 (1992)

822 P.2d 385

3 Cal. Rptr.2d 677

THE PEOPLE, Plaintiff and Respondent, v. HORACE EDWARDS KELLY, Defendant and Appellant.

Supreme Court of California.

January 16, 1992.

Attorney(s) appearing for the Case

COUNSEL

Fern M. Laethem, State Public Defender, under appointment by the Supreme Court, Therene Powell, Richard Avila and Sandra L. Goldsmith, Deputy State Public Defenders, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Harley D. Mayfield, Assistant Attorney General, Keith I. Motley and Rudolf Corona, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ARABIAN, J.

This is an automatic appeal from a judgment of death. Defendant Horace Edwards Kelly was found guilty of two counts of first degree murder (Pen. Code, § 187),1 one count of rape (§ 261, former subd. (2)), one count of attempted rape (§§ 664/261, former subd. (2)), and one count of robbery (§ 211). The jury found that defendant used a firearm in the commission...

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