PEOPLE v. GONZALEZ

Docket Nos. S004384, S012508. Crim. Nos. 22136, 24041.

51 Cal.3d 1179 (1990)

800 P.2d 1159

275 Cal. Rptr. 729

THE PEOPLE, Plaintiff and Respondent, v. JESSE EDWARD GONZALEZ, Defendant and Appellant. In re JESSE EDWARD GONZALEZ on Habeas Corpus. THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JESSE EDWARD GONZALEZ Real Party in Interest.

Supreme Court of California.

December 3, 1990.


Attorney(s) appearing for the Case

COUNSEL

Richard C. Chier, Perry S. Reich, Chaleff & English, Gerald L. Chaleff and Gigi Gordon for Defendant and Appellant and Real Party in Interest.

Michael G. Millman, Steven W. Parnes, Gail Weinheimer, Ephraim Margolin and Nicholas C. Arguimbau as Amici Curiae on behalf of Petitioner, Defendant and Appellant and Real Party in Interest.

John K. Van de Kamp, Attorney General, Steve White and Richard B. Iglehart, Chief Assistant Attorneys General, Edward T. Fogel, Jr., Assistant Attorney General, Susan Lee Frierson, Marc E. Turchin, Ellen Birnbaum Kehr, John R. Gorey, Robert F. Katz and Susanne C. Wylie, Deputy Attorneys General, Ira Reiner, District Attorney, Harry B. Sondheim, Patricia H. Horikawa, Abram Weisbrot and George G. Size, Deputy District Attorneys, James K. Hahn, City Attorney, Linda F. Lefkowitz and Donna Weisz Jones, Deputy City Attorneys, De Witt W. Clinton, County Counsel, and James M. Owens, Deputy County Counsel, for Plaintiff and Respondent and Petitioner

Kent S. Scheidegger and Charles L. Hobson as Amici Curiae on behalf of Plaintiff and Respondent and Petitioner.


OPINION

EAGLESON, J.

A jury convicted defendant Jesse Edward Gonzalez of the first degree murder of Deputy Sheriff Jack Williams (Pen. Code, §§ 187, 189)1 and of assault upon a peace officer, Deputy Sheriff Robert Esquivel, by means likely to produce great bodily injury (§ 245, former subd. (b), now subd. (c)). With respect to both offenses, the jury found that defendant had personally used...

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