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PEOPLE v. PERRY

No. S055474.

42 Cal.Rptr.3d 30 (2006)

38 Cal.4th 302

132 P.3d 235

The PEOPLE, Plaintiff and Respondent, v. Clifton PERRY, Defendant and Appellant.

Supreme Court of California.

April 24, 2006.

Attorney(s) appearing for the Case

Michael J. Hersek, State Public Defender, under appointment by the Supreme Court, Alison Pease and Ronald F. Turner, Deputy State Public Defenders, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Patrick J. Whalen and John G. McLean, Deputy Attorneys General, for Plaintiff and Respondent.

KENNARD, J.

In May 1996, a jury found defendant Clifton Perry and codefendant Leon Noble guilty of the murder (Pen.Code, § 187)1 and second degree robbery (§§ 211, 212.5, subd.(c)) of Saeed Nasser. The jury also found that defendant, but not Noble, personally used a firearm during the commission of the crimes. It further found, as a special circumstance, that the murder occurred during the commission of a robbery (§...

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