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PEOPLE v. PAYTON

Docket No. S004437. Crim. Nos. 22511, 25552.

3 Cal.4th 1050 (1992)

839 P.2d 1035

13 Cal. Rptr.2d 526

THE PEOPLE, Plaintiff and Respondent, v. WILLIAM CHARLES PAYTON, Defendant and Appellant. In re WILLIAM CHARLES PAYTON on Habeas Corpus.

Supreme Court of California.

November 23, 1992.

Attorney(s) appearing for the Case

COUNSEL

Ellen Bailer Fondiler, Barry L. Levin, Stamp & Franklin and Joel Franklin for Defendant and Appellant and Petitioner.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Steve White and Richard B. Iglehart, Chief Assistant Attorneys General, Harley D. Mayfield, Assistant Attorney General, Frederick R. Millar, Jr., Jay M. Bloom, Holly D. Wilkens, John W. Carney and Esteban Hernandez, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ARABIAN, J.

A jury convicted defendant of the 1980 first degree murder and rape of Pamela Montgomery, and the attempted murders of Patricia Pensinger and Patricia's son, Blaine Pensinger, all counts with the use of a butcher knife. (Pen. Code, §§ 187, 261, former subd. (2), 664, 12022, subd. (a).)1 The jury also found true the special circumstance allegation that the murder was committed...

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