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  5. 167 Cal.App.3d 238 (1985)
 

NEWBERRY v. SUPERIOR COURT

Docket No. A029631.

167 Cal.App.3d 238 (1985)

213 Cal. Rptr. 129

JOHN SIMON NEWBERRY, Petitioner, v. THE SUPERIOR COURT OF SAN BENITO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

April 24, 1985.

Attorney(s) appearing for the Case

COUNSEL

William G. Tiffany for Petitioner.

No appearance for Respondent.

John K. Van de Kamp, Attorney General, Ann K. Jensen and Frances Marie Dogan, Deputy Attorneys General, for Real Party in Interest.

OPINION

HANING, J.

Petitioner is charged by information with one count of first degree murder. He is also charged with one count each of grand theft and unlawful taking of a vehicle, both allegations arising from his alleged theft of the murder victim's car. In addition, the information alleges two special circumstances: (1) that the murder was committed by means of torture (Pen. Code, § 190.2, subd. (a)(18)); and (2) that the...

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