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PEOPLE v. TULLY

No. S030402.

54 Cal.4th 952 (2012)

145 Cal. Rptr. 3d 146

282 P.3d 173

THE PEOPLE, Plaintiff and Respondent, v. RICHARD CHRISTOPHER TULLY, Defendant and Appellant.

Supreme Court of California.

July 30, 2012.

Attorney(s) appearing for the Case

James S. Thomson , under appointment by the Supreme Court; Thomson & Stetler, Saor E. Stetler ; and Jolie Lipsig for Defendant and Appellant.

Bill Lockyer and Kamala D. Harris , Attorneys General, Mary Jo Graves , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Ronald S. Matthias and Margo J. Yu , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BAXTER, J. —

An amended information charged defendant Richard Christopher Tully with the 1986 murder of Shirley Olsson (Pen. Code, § 187) and assault with intent to commit rape (id., § 1203.065, subd. (b)).1 The information also alleged a special circumstance that the murder was committed in the commission of a burglary and, as to both counts, that defendant used a dangerous and deadly...

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