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  5. 220 Cal.App.3d 919 (1990)
 

PEOPLE v. ASHLEY

Docket No. A042153.

220 Cal.App.3d 919 (1990)

269 Cal. Rptr. 769

THE PEOPLE, Plaintiff and Respondent, v. GREGORY SCOTT ASHLEY, Defendant and Appellant.

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

April 23, 1990.

Attorney(s) appearing for the Case

COUNSEL

Eric S. Multhaup, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Laurence K. Sullivan and Genald A. Engler, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

NEWSOM, Acting P.J.

An information filed in Alameda County on May 23, 1984, charged Gregory Scott Ashley (hereafter appellant) with murder (Pen. Code, § 187) and rape (Pen. Code, § 261, subd. (2)). After his first trial ended in a mistrial with a deadlocked jury, a second trial resulted in a verdict of guilty of second degree murder...

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