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PEOPLE v. DAVIS

No. S056425.

46 Cal.4th 539 (2009)

___ Cal.Rptr.3d ___

___ P.3d ___

THE PEOPLE, Plaintiff and Respondent, v. RICHARD ALLEN DAVIS, Defendant and Appellant.

Supreme Court of California.

June 1, 2009.

Attorney(s) appearing for the Case

Phillip H. Cherney, under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Gerald A. Engler and Ronald S. Matthias, Assistant Attorneys General, and Bruce Ortega, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

KENNARD, J.—

A jury found defendant Richard Allen Davis guilty of the first degree murder of 12-year-old Polly Hannah Klaas (Pen. Code, § 187)1 as well as the burglary of her home (§ 459), robbery (§ 211), kidnapping (§ 207, subd. (a)), and an attempted lewd act against her (§§ 664, 288, subd. (a)). As to the murder, the jury found to be true special circumstance allegations...

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