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PEOPLE v. MILLER

Docket No. B079321.

28 Cal.App.4th 522 (1994)

33 Cal. Rptr.2d 663

THE PEOPLE, Plaintiff and Respondent, v. DANIEL JOSEPH MILLER, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

September 20, 1994.

Attorney(s) appearing for the Case

COUNSEL

R. Clayton Seaman, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Marc E. Turchin and Steven D. Matthews, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WOODS (Fred), J.

A jury convicted appellant of first degree murder (Pen. Code,1 § 187) and found true a robbery special circumstance (§ 190.2, subd. (a)(17)) and a firearm allegation. (§ 12022, subd. (a)(1).) Financial gain (§ 190.2, subd. (a)(1)) and lying-in-wait (§ 190.2, subd. (a)(15)) special circumstances were found not true. Appellant was sentenced to state prison...

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