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PEOPLE v. CREW

Docket No. H006959.

1 Cal.App.4th 1591 (1991)

2 Cal. Rptr.2d 755

THE PEOPLE, Plaintiff and Appellant, v. MARK CREW, Defendant and Respondent.

Court of Appeals of California, Sixth District.

December 23, 1991.

Attorney(s) appearing for the Case

COUNSEL

Leo Himmelsbach, District Attorney, David N. Davies, Assistant District Attorney, and Thang Nguyen Barrett, Deputy District Attorney, for Plaintiff and Appellant.

Thomas Lundy for Defendant and Respondent.

OPINION

CAPACCIOLI, Acting P.J. —

Summary

The People appeal after the trial court granted an automatic motion to modify the jury's verdict of death to one of life without possibility of parole. (Pen. Code, § 190.4, subd. (e), hereafter, § 190.4(e).) In ruling on the motion the judge compared the facts of the present case with the facts of other capital...

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