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PEOPLE v. LUCKY

Docket No. Crim. 22572.

45 Cal.3d 259 (1988)

753 P.2d 1052

247 Cal. Rptr. 1

THE PEOPLE, Plaintiff and Respondent, v. DARNELL LUCKY, Defendant and Appellant.

Supreme Court of California.

May 16, 1988.

Attorney(s) appearing for the Case

COUNSEL

Karl Phaler and Frank O. Bell, Jr., State Public Defender, under appointments by the Supreme Court, Monica Knox, Chief Assistant State Public Defender, and Jill Ishida, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Robert F. Katz, John R. Gorey, Gary R. Hahn, Susanne C. Wylie, Andrew D. Amerson, William R. Weisman and Susan D. Martynec, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

EAGLESON, J.

This case arose under the 1978 death penalty initiative, now codified as Penal Code sections 190-190.5. (All statutory references are to the Penal Code unless otherwise indicated.) Defendant was convicted under this statute of two counts of first degree murder and attempted robbery with two special circumstances attaching to each count — murder during the commission...

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