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PEOPLE v. MUSSELWHITE

No. S017868.

74 Cal.Rptr.2d 212 (1998)

17 Cal.4th 1216

954 P.2d 475

The PEOPLE, Plaintiff and Respondent, v. Joseph MUSSELWHITE, Defendant and Appellant.

Supreme Court of California.

As Modified on Denial of Rehearing June 24, 1998.

Attorney(s) appearing for the Case

Michael B. McPartland, under appointment by the Supreme Court, and Carl A. Gonser, San Rafael, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, W. Scott Thorpe and David A. Rhodes, Deputy Attorneys General, for Plaintiff and Respondent.

BROWN, Justice.

After 26 days of trial, a capital jury convicted defendant of 1 count of murder of the first degree. (Pen.Code, § 187, subd. (a); all undesignated statutory references are to the Penal Code.) It also found defendant guilty of three counts of burglary, two counts of robbery, and one count of attempted murder. (§§ 459, 211, 664/187.) Two special circumstances alleged in the information — that the murder occurred in the course of...

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