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PEOPLE v. BARNETT

No. S008113.

74 Cal.Rptr.2d 121 (1998)

954 P.2d 384

The PEOPLE, Plaintiff and Respondent, v. Lee Max BARNETT, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied July 8, 1998.

Attorney(s) appearing for the Case

Michael A. Willemsen, Palo Alto, and Ron Parravano, Monterey, under appointments by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, W. Scott Thorpe and Ruth M. Saavedra, Deputy Attorneys General, for Plaintiff and Respondent.

BAXTER, Justice.

Defendant Lee Max Barnett was convicted by a jury of one count of murder (Pen.Code, § 187),1 two counts of robbery (§ 211), one count of assault with a firearm (§ 245, subd. (a)(2)), and four counts of kidnapping (§ 207). The jury found true the special circumstances that the murder was committed while defendant was engaged in the crime of robbery (§ 190.2, former subd. (a)(17)(i)), that the murder...

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