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PEOPLE v. STITELY

No. S028970.

26 Cal.Rptr.3d 1 (2005)

35 Cal.4th 514

108 P.3d 182

The PEOPLE, Plaintiff and Respondent, v. Richard STITELY, Defendant and Appellant.

Supreme Court of California.

Certiorari Denied October 3, 2005.

Attorney(s) appearing for the Case

Joel Levine, Costa Mesa, and Jo Anne Keller, Berkeley, under appointments by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, John R. Gorey and Peggie Bradford Tarwater, Deputy Attorneys General, for Plaintiff and Respondent.

Certiorari Denied October 3, 2005. See 126 S.Ct. 164.

BAXTER, J.

A jury convicted Richard Stitely (defendant) of the first degree murder of Carol Unger. (Pen.Code, § 187, subd. (a).)1 A related special circumstance of murder during the commission of unlawful sodomy was found true. (§ 190.2, subd. (a)(17)(D).) The jury also convicted defendant of the separate crime of forcible rape against Valery C. (§ 261, subd....

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