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PEOPLE v. KELLY

Docket No. S004718.

51 Cal.3d 931 (1990)

800 P.2d 516

275 Cal. Rptr. 160

THE PEOPLE, Plaintiff and Respondent, v. HORACE EDWARDS KELLY, Defendant and Appellant.

Supreme Court of California.

November 26, 1990.

Attorney(s) appearing for the Case

COUNSEL

Harvey Zall and Fern M. Laetham, State Public Defenders, under appointment by the Supreme Court, Edward H. Schulman, Chief Deputy State Public Defender, Richard Avila and Sandra Goldsmith, Deputy State Public Defenders, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Harley D. Mayfield, Assistant Attorney General, Jay M. Bloom and Rudolf Corona, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ARABIAN, J.

This is an automatic appeal from a judgment of death. Defendant Horace Edwards Kelly was found guilty of one count of first degree murder (Pen. Code, § 187);1 the jury also found to be true two special circumstance allegations that the murder was committed during the commission or attempted commission of a kidnapping (§ 190.2, subd. (a)(17)(ii)), as well as an allegation that...

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