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PEOPLE v. CUNNINGHAM

No. S010856.

108 Cal.Rptr.2d 291 (2001)

25 Cal.4th 926

25 P.3d 519

The PEOPLE, Plaintiff and Respondent, v. Albert CUNNINGHAM, Defendant and Appellant.

Supreme Court of California.

As Modified on Denial of Rehearing August 15, 2001.

Attorney(s) appearing for the Case

Cary B. Lerman, Los Angeles, and Joel R. Isaacson, Beverly Hills, under appointments by the Supreme Court; Munger, Tolles & Olson and Monica Wahl Shaffer, Los Angeles, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Linda C. Johnson, Robert S. Henry and Lance E. Winters, Deputy Attorneys General, for Plaintiff and Respondent.

GEORGE, C.J.

Following the guilt phase of a capital trial, a jury found defendant Albert Cunningham guilty of first degree murder based upon robbery felony murder (Pen. Code, § 187, subd. (a)) and robbery (Pen. Code, § 211) of Carmen Enrique Treto, and made a special finding that defendant intended to kill the victim. The jury also found defendant guilty of attempted murder (Pen.Code, §§ 187, subd. (a), 664) and attempted robbery (Pen.Code, §...

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