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PEOPLE v. GRIFFIN

No. S029174.

15 Cal.Rptr.3d 743 (2004)

93 P.3d 344

33 Cal.4th 536

The PEOPLE, Plaintiff and Respondent, v. Donald GRIFFIN, Defendant and Appellant.

Supreme Court of California.

July 19, 2004.

Attorney(s) appearing for the Case

Lynne S. Coffin, State Public Defender, under appointment by the Supreme Court, Donald J. Ayoob, Assistant State Public Defender, Mary K. McComb and Manuel J. Baglanis, Deputy State Public Defenders, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, John G. McLean and George M. Hendrickson, Deputy Attorneys General, for Plaintiff and Respondent.

GEORGE, C.J.

Defendant Donald Griffin appeals from a judgment of the Fresno County Superior Court imposing a sentence of death (Pen.Code, § 190 et seq.).1 His appeal is automatic. (§ 1239, subd. (b).)

At the guilt phase of his initial trial, a jury found defendant guilty of the murder of Janice Kelly Wilson (Kelly), his 12-year-old stepdaughter, finding that he committed the murder under the special circumstances of felony...

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