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PEOPLE v. BOLTER

No. A092605.

108 Cal.Rptr.2d 760 (2001)

90 Cal.App.4th 240

The PEOPLE, Plaintiff and Appellant, v. Duke Kimberly BOLTER, Defendant and Respondent.

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

Review Denied October 10, 2001.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General of the State of California, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Rene A. Chacon, Supervising Deputy Attorney General, Juliet B. Haley, Deputy Attorney General, for Plaintiff and Appellant.

Neal I. Sanders, under appointment by the Court of Appeal, for Defendant and Respondent.

LAMBDEN, J.

Defendant Duke Kimberly Bolter, an inmate at Pelican Bay State Prison (PBSP), is charged with the murder of fellow inmate William Stanton Boyd. The trial court granted defendant's Penal Code section 995 motion as to one of three alleged special circumstances, and dismissed the charge under section 190.2, subdivision (a)(10), that the victim was a witness to a crime and was intentionally killed in retaliation for his testimony in a criminal proceeding....

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