No. S004784.

75 Cal.Rptr.2d 716 (1998)

18 Cal.4th 349

956 P.2d 1169

The PEOPLE, Plaintiff and Respondent, v. Martin James KIPP, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied August 12, 1998.

Attorney(s) appearing for the Case

Ross Thomas, San Francisco, and John Ward, Berkeley, under appointments by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Garrett Beaumont, David I. Friedenberg, Carl H. Horst and Gary W. Brozio, Deputy Attorneys General, for Plaintiff and Respondent.

KENNARD, Justice.

This appeal by defendant Martin James Kipp from a judgment of death comes to this court automatically. (Pen.Code, § 1239, subd. (b); all further statutory references are to this code unless otherwise indicated.) A jury convicted defendant of one count of first degree murder (§ 187) with the special circumstance that the murder was committed during an attempted rape (§ 190.2, subd. (a)(17)(iii)). The same jury also convicted defendant...

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