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PEOPLE v. ALLEN

No. B116141.

85 Cal.Rptr.2d 655 (1999)

72 Cal.App.4th 1093

The PEOPLE, Plaintiff and Respondent, v. Alton Charles ALLEN, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

Review Denied September 22, 1999.

Attorney(s) appearing for the Case

Bruce Daniel Rosen, under appointment by the Court of Appeal, Dana Point, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Sanjay T. Kumar, Supervising Deputy Attorney General, Alene M. Games and Rama R. Maline, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

KLEIN, P.J.

Defendant and appellant, Alton Charles Allen, appeals from the judgment entered following his conviction, by jury trial, for special circumstances murder (during the commission of a burglary) and forcible rape, with a dangerous weapon use finding (Pen. Code, §§ 187, 190.2, subd. (a)(17)(G), 261, 12022, subd. (b)).1 Sentenced to a state prison...

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