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PEOPLE v. LENART

No. S049389.

12 Cal.Rptr.3d 592 (2004)

88 P.3d 498

32 Cal.4th 1107

The PEOPLE, Plaintiff and Respondent, v. Thomas Howard LENART, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied June 23, 2004.

Attorney(s) appearing for the Case

Gregory Marshall, Palo Cedro, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Stan Cross and Susan Rankin Bunting, Deputy Attorneys General, for Plaintiff and Respondent.

KENNARD, J.

A jury convicted Thomas Howard Lenart of the first degree murder of Oberta Toney (Pen.Code, § 187)1 and found true the special circumstance that the murder was committed `in the course of, or flight after, a robbery (former § 190.2, subd. (a)(17)(i)). It also convicted him of the robbery of Toney (§ 211) and the attempted murder of Eleanor Gallardo (§§ 664/187), and it found that the attempted murder...

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