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IN RE CARPENTER

Docket No. S011273.

9 Cal.4th 634 (1995)

889 P.2d 985

38 Cal. Rptr.2d 665

In re DAVID JOSEPH CARPENTER on Habeas Corpus.

Supreme Court of California.

March 6, 1995.

Attorney(s) appearing for the Case

COUNSEL

Fern M. Laethem, State Public Defender, Sarah Plotkin, Chief Assistant State Public Defender, Kent Barkhurst, Douglas G. Ward and Thomas A. Schaaf, Deputy State Public Defenders, for Petitioner.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Garrett Beaumont, M. Howard Wayne, Pat Zaharopoulos and Carl H. Horst, Deputy Attorneys General, for Respondent.

OPINION

ARABIAN, J.

The Director of Corrections appeals a superior court judgment and order on habeas corpus vacating an earlier superior court judgment against David Joseph Carpenter, including a sentence of death. We reverse.

I. THE BACKGROUND

A. The Santa Cruz "Trailside Murder" Case

In the Santa Cruz Superior Court, the People charged Carpenter with the following offenses committed in that county...

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