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  5. 77 Cal.Rptr.2d 25 (1998)
 

PEOPLE v. FRYE

No. S007198.

77 Cal.Rptr.2d 25 (1998)

959 P.2d 183

The PEOPLE, Plaintiff and Respondent, v. Jerry Grant FRYE, Defendant and Appellant.

Supreme Court of California.

As Modified on Denial of Rehearing September 23, 1998.

Attorney(s) appearing for the Case

David A. Lane, Denver, CO, and Marianne Wesson, Boulder, CO, under appointments by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Edgar A. Kerry and Wanda Hill Rouzan, Deputy Attorneys General, for Plaintiff and Respondent.

BROWN, Justice.

A jury convicted defendant Jerry Grant Frye of two counts of first degree murder (Pen.Code, § 187; all further statutory references are to this code unless noted otherwise), first degree robbery (§ 211), residential burglary (§ 459), and the unlawful driving and taking of a vehicle (Veh.Code, § 10851). The jury also found true the allegations that defendant was armed with a firearm and personally used a firearm during the commission...

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