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PEOPLE v. CAREY

No. S058489.

59 Cal.Rptr.3d 172 (2007)

41 Cal.4th 109

158 P.3d 743

The PEOPLE, Plaintiff and Respondent, v. Dewayne Michael CAREY, Defendant and Appellant.

Supreme Court of California.

May 31, 2007.

Attorney(s) appearing for the Case

Michael J. Hersek, State Public Defender, under appointment by the Supreme Court, and Gary D. Garcia, Deputy State Public Defender, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Sharlene A. Honnaka and John Yang, Deputy Attorneys General, for Plaintiff and Respondent.

KENNARD, J.

A jury found defendant Dewayne Michael Carey guilty of one count of first degree murder (Pen.Code, § 187, subd. (a))1 with the special circumstances of murder in the commission of robbery and burglary (§ 190.2, subd. (a)(17)(A), (G)), one count of first degree residential robbery (§ 211), and one count of first degree burglary. (§ 459.) The jury further found that defendant personally used a deadly weapon...

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