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PEOPLE v. HART

No. S005970.

85 Cal.Rptr.2d 132 (1999)

976 P.2d 683

20 Cal.4th 546

The PEOPLE, Plaintiff and Respondent, v. Joseph William HART, Defendant and Appellant.

Supreme Court of California.

As Modified on Denial of Rehearing July 21, 1999.

Attorney(s) appearing for the Case

Philip H. Pennypacker, San Jose, and Richard Phelps Stookey, San Francisco, under appointments by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, William M. Wood, Keith I. Motley and Pamela A. Ratner, Deputy Attorneys General, for Plaintiff and Respondent.

GEORGE, C.J.

Following the guilt phase of the trial, a jury found defendant Joseph William Hart guilty of one count of first degree murder of Diana Lynn Harper (Pen.Code., §§ 187, 189),1 and found true the special circumstances that the murder was committed while defendant was engaged in the commission of, attempted commission of, or immediate flight after commission of the crimes of rape and sodomy. (§ 190.2, subd. (a)...

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