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PEOPLE v. SILVA

No. S004727.

106 Cal.Rptr.2d 93 (2001)

25 Cal.4th 345

21 P.3d 769

The PEOPLE, Plaintiff and Respondent, v. Mauricio Rodriguez SILVA, Defendant and Appellant.

Supreme Court of California.

April 30, 2001.

Attorney(s) appearing for the Case

Fern M. Laethem and Lynne S. Coffin, State Public Defenders, under appointment by the Supreme Court, Joel Kirshenbaum, Kathleen M. Scheidel, Jamilla Moore and William T. Lowe, Deputy State Public Defenders, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Robert R. Anderson, Assistant Attorney General, Ward A. Campbell, J. Robert Jibson and John A. O'Sullivan, Deputy Attorneys General, for Plaintiff and Respondent.

KENNARD, J.

Defendant Mauricio Rodriguez Silva appeals from a judgment of death upon his conviction by jury verdict of two counts of first degree murder (Pen.Code, § 187),1 with the multiple-murder special circumstance (§ 190.2, subd. (a)(3)), and one count of second degree murder (§ 187). After the first jury was unable to reach a verdict on the issue of penalty for the first degree murders with a special circumstance,...

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