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PEOPLE v. PALMER

No. S085029.

103 Cal.Rptr.2d 13 (2001)

24 Cal.4th 856

15 P.3d 234

The PEOPLE, Plaintiff and Respondent, v. Floyd Maurice PALMER et al., Defendants and Appellants.

Supreme Court of California.

January 18, 2001.

Attorney(s) appearing for the Case

Patrick Morgan Ford, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant Floyd Maurice Palmer.

Michael Satris, Bolinas, under appointment by the Supreme Court, for Defendant and Appellant Donald Edmond Price.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Jeffrey W. Koch, Robert M. Foster and Gary W. Brozio, Deputy Attorneys General, for Plaintiff and Respondent.

CHIN, J.

We granted review to decide whether the so-called rule of consistency— that the acquittal of all alleged coconspirators but one requires acquittal of the remaining alleged conspirator—requires the reversal of a conspiracy conviction in this case, and whether similar principles require the reversal of a finding as to one but not both codefendants that an attempted murder was premeditated. We conclude that the rule of consistency is a vestige...

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