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PEOPLE v. JOHNSON

Docket No. S004425. Crim. No. 22503.

47 Cal.3d 1194 (1989)

767 P.2d 1047

255 Cal. Rptr. 569

THE PEOPLE, Plaintiff and Respondent, v. JAMES WILLIS JOHNSON, Defendant and Appellant.

Supreme Court of California.

February 23, 1989.

Attorney(s) appearing for the Case

COUNSEL

James Kyle Gee, under appointment by the Supreme Court, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Herbert F. Wilkinson, Dane R. Gillette and Mark S. Howell, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

PANELLI, J.

Defendant was convicted of the first degree murder (Pen. Code, § 187)1 and robbery (§ 211) of Edward Dukar with findings of personal use of a firearm (§§ 12022.5, 1203.06). A special circumstance allegation under the 1978 death penalty law was found true: that the murder was committed while the defendant was engaged in the commission or attempted commission of robbery...

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