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PEOPLE v. PAYNE

Docket No. 16544.

75 Cal.App.3d 601 (1977)

142 Cal. Rptr. 320

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL JAMES PAYNE, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

December 1, 1977.

Attorney(s) appearing for the Case

COUNSEL

Margaret Ryan Franklin, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Clifford K. Thompson, Jr., and Ann K. Jensen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SIMS, Acting P.J.

As a result of a homicide committed January 27, 1975, the defendant was convicted of first degree murder with a finding of special circumstances which led to a sentence of death. On January 18, 1977, following the decision in Rockwell v. Superior Court (1976) 18 Cal.3d 420 [134 Cal.Rptr. 650, 556...

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