THE PEOPLE, Plaintiff and Respondent,
v.
JAMES F. HORTON II, Defendant and Appellant.
Supreme Court of California.https://leagle.com/images/logo.png
December 11, 1995.
December 11, 1995.
Attorney(s) appearing for the Case
COUNSEL
Michael Rubin, under appointment by the Supreme Court, Marsha S. Berzon, Lowell Finley and Altshuler, Berzon, Nussbaum, Berzon & Rubin for Defendant and Appellant.
Jay B. Gaskill, Public Defender (Alameda), Michael S. Ogul and John T. Philipsborn as Amici Curiae on behalf of Defendant and Appellant.
Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Sanjay T. Kumar, Robert S. Henry, Joan Comparet, William T. Harter, Susan Lee Frierson and Lance E. Winters, Deputy Attorneys General, for Plaintiff and Respondent.
Supreme Court of California.
OPINION
GEORGE, J.
Following the guilt phase of a jury trial, defendant James F. Horton II was convicted of one count of first degree murder (Pen. Code, §§ 187, 189)1 and one count of robbery (§ 211), and the jury found true the special circumstance allegations that the murder occurred in the course of a robbery (§ 190.2, subd. (a)(17)) and that defendant had suffered a prior murder...
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