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PEOPLE v. KIPP

No. S009169.

113 Cal.Rptr.2d 27 (2001)

26 Cal.4th 1100

33 P.3d 450

The PEOPLE, Plaintiff and Respondent, v. Martin James KIPP, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied January 29, 2002.

Attorney(s) appearing for the Case

Ross Thomas, San Francisco, and John Ward, Berkeley, under appointments by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, William M. Wood, Janelle M. Boustany and Robert B. Shaw, Deputy Attorneys General, for Plaintiff and Respondent.

KENNARD, J.

Defendant Martin James Kipp appeals from a judgment of death upon his conviction by jury verdict of one count of murder in the first degree (Pen.Code, § 187),1 with the special circumstance of murder in the commission of rape (§ 190.2, subd. (a)(17)(C)), and one count each of forcible rape (§ 261, subd. (a)(2)) and robbery (§ 211). The jury that returned these verdicts as to guilt and special circumstance...

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