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PEOPLE v. GUZMAN

Docket No. Crim. 22418. No. S002482.

45 Cal.3d 915 (1988)

755 P.2d 917

248 Cal. Rptr. 467

THE PEOPLE, Plaintiff and Respondent, v. GARY LEE GUZMAN, Defendant and Appellant. In re GARY LEE GUZMAN on Habeas Corpus.

Supreme Court of California.

June 28, 1988.

Attorney(s) appearing for the Case

COUNSEL

Frank O. Bell, Jr., State Public Defender, under appointment by the Supreme Court, Edward H. Schulman, Chief Assistant State Public Defender, Steven Parnes, Larry R. Pizarro, Michael Tanaka, Cheryl Lutz, Richard Lennon and Antonia D. Radillo, Deputy State Public Defenders, for Defendant and Appellant and Petitioner.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Joel Carey and J. Robert Jibson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

LUCAS, C.J.

This is an automatic appeal from a judgment imposing a penalty of death under the 1978 death penalty law. (Pen. Code, § 190.1 et seq.; see id., § 1239, subd. (b).)1

Defendant was charged with murder (§ 187), burglary (§ 459), robbery (§ 211), kidnapping (§ 207), and rape (§ 261, subd. (3)). Felony-murder

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