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PEOPLE v. MERRIMAN

No. S097363.

60 Cal.4th 1 (2014)

177 Cal. Rptr. 3d 1

332 P.3d 1187

THE PEOPLE, Plaintiff and Respondent, v. JUSTIN JAMES MERRIMAN, Defendant and Appellant.

Supreme Court of California.

August 18, 2014.

Attorney(s) appearing for the Case

Glen Niemy , under appointment by the Supreme Court, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, Keith H. Borjon and Jaime L. Fuster , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CANTIL-SAKAUYE, C. J. —

In 2001, a jury convicted defendant Justin James Merriman of the 1992 first degree murder of Katrina Montgomery (Pen. Code, § 187, subd. (a)),1 and found true the special circumstance allegations that the murder was committed while defendant was engaged in the commission of rape and oral copulation (§ 190.2, subd. (a)(17)(C), (F)), and the allegation that defendant...

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