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PEOPLE v. JOSEPH

Docket No. Crim. 21548.

34 Cal.3d 936 (1983)

671 P.2d 843

196 Cal. Rptr. 339

THE PEOPLE, Plaintiff and Respondent, v. MARINEY JOSEPH, Defendant and Appellant.

Supreme Court of California.

November 10, 1983.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Supreme Court, Edward H. Schulman and J. Courtney Shevelson, Deputy State Public Defenders, for Defendant and Appellant.

George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Norman H. Sokolow and Howard J. Schwab, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BIRD, C.J.

This is an automatic appeal from a judgment imposing a penalty of death. (See Pen. Code, § 1239, subd. (b).)1

I.

Appellant Mariney Joseph was convicted by a jury of the first degree murder of Oscar Dent. (§§ 187, 189.) The jury found that he used a firearm in the commission of the murder (§§ 12022...

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