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IN RE GAY

No. S030514.

80 Cal.Rptr.2d 765 (1998)

19 Cal.4th 771

968 P.2d 476

In re Kenneth Earl GAY on Habeas Corpus.

Supreme Court of California.

December 24, 1998.

Attorney(s) appearing for the Case

Taylor & Company, Richard Urdan; Marron, Reid & Sheehy and Martin H. Dodd, San Francisco, for Petitioner.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Susan Lee Frierson, William T. Harter, Linda C. Johnson, Robert S. Henry and Lance E. Winters, Deputy Attorneys General, for Respondent.

BAXTER, Justice.

Petitioner Kenneth Earl Gay was convicted by a jury of the June 1, 1983, first degree murder (Pen.Code, § 189)1 of Paul Verna, a Los Angeles police officer. The jury found that the murder was an intentional killing of a peace officer engaged in the performance of his duties; that the murder was committed for the purpose of avoiding lawful arrest (§ 190.2. subd...

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