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PEOPLE v. DUKE

Nos. E021252, E021607.

87 Cal.Rptr.2d 547 (1999)

74 Cal.App.4th 23

The PEOPLE, Plaintiff and Respondent, v. Robert Bernett DUKE, Defendant and Appellant. The People, Plaintiff and Respondent, v. Richard Allen Hann, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

Review Denied November 17, 1999.

Attorney(s) appearing for the Case

David Y. Stanley, under appointment by the Court of Appeal, Truckee, for Defendant and Appellant Robert Bernett Duke.

Mark D. Greenberg, under appointment by the Court of Appeal, Oakland, for Defendant and Appellant Richard Allen Hann.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, William M. Wood and Carl H. Horst, Supervising Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

RAMIREZ, P.J.

In a joint trial, a jury convicted Robert Bernett Duke and another jury convicted Richard Allen Hann of first degree murder (Pen.Code, § 187), and made the special circumstance findings that each murder occurred during a robbery (Pen.Code, § 190.2, subd. (a)(17)(i)) and during a kidnapping for robbery (Pen.Code, § 190.2, subd. (a)(17)(ii)). Duke...

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