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PEOPLE v. LINDBERG

No. S066527.

45 Cal.4th 1 (2008)

THE PEOPLE, Plaintiff and Respondent, v. GUNNER JAY LINDBERG, Defendant and Appellant.

Supreme Court of California.

August 28, 2008.

Attorney(s) appearing for the Case

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

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda L. Cartwirght-Ladendorf and Adrianne S. Denault, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MORENO, J.

A jury found defendant Gunner Jay Lindberg guilty of the first degree murder (Pen. Code, § 187)1 of Thien Minh Ly and found he personally used a knife (§ 12022, subd. (b)). The jury further found true special circumstance allegations that defendant committed murder in the attempted commission of robbery (§ 190.2, former subd. (a)(17)(i), now subd. (a)(17)(A)) and because of the victim...

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