PEOPLE v. SMITHEY

No. S011206.

86 Cal.Rptr.2d 243 (1999)

978 P.2d 1171

20 Cal.4th 936

The PEOPLE, Plaintiff and Respondent, v. George Hatton SMITHEY, Defendant and Appellant.

Supreme Court of California.

As Modified on Denial of Rehearing September 15, 1999.


Attorney(s) appearing for the Case

Fern M. Laethem, State Public Defender, under appointment by the Supreme Court, R. Brewster Thompson, Mary McComb, Kate Johnston, Jay Colangelo, Donald Bull and Albert W. Brodie, Deputy State Public Defenders, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Robert R. Anderson, Assistant Attorney General, Stan Cross and Janet E. Neeley, Deputy Attorneys General, for Plaintiff and Respondent.


GEORGE, C.J.

Following the guilt phase of the trial, a jury found defendant George Hatton Smithey guilty of one count of first degree murder (Pen.Code, §§ 187, 189),1 first degree robbery (§§ 211, 212.5), attempted rape (§§ 261, former subd. (2),2 664), and first degree burglary (§§ 459, former 460.1).3 The jury found true the allegation that...

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