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PEOPLE v. DAVENPORT

Docket No. S010994.

11 Cal.4th 1171 (1995)

906 P.2d 1068

47 Cal. Rptr.2d 800

THE PEOPLE, Plaintiff and Respondent, v. JOHN GALEN DAVENPORT, Defendant and Appellant.

Supreme Court of California.

December 11, 1995.

Attorney(s) appearing for the Case

COUNSEL

Violet Elizabeth Grayson, under appointment by the Supreme Court, Zoe A. Topsfield, Doreen L. Boxer and Grayson, Topsfield & Boxer for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assisant Attorney General, Gary W. Schons, Assistant Attorney General, Janelle B. Davis and Nancy L. Palmieri, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ARABIAN, J.

This case reaches us again after a penalty phase retrial following this court's affirmance of defendant John Galen Davenport's 1980 first degree murder conviction (Pen. Code, §§ 187, subd. (a), 189),1 and torture-murder special-circumstance finding (§ 190.2, subd. (a)(18)), and reversal of his death sentence based on instructional error. In reversing the penalty phase...

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