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PEOPLE v. MICHAELS

No. S016924.

122 Cal.Rptr.2d 285 (2002)

28 Cal.4th 486

49 P.3d 1032

The PEOPLE, Plaintiff and Respondent, v. Kurt MICHAELS, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied September 18, 2002.

Attorney(s) appearing for the Case

Harry M. Caldwell, Malibu, and Karen L. Landau, Oakland, under appointments by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Robert M. Foster, Laura Whitcomb Halgren, Keith I. Motley and Bradley A. Weinreb, Deputy Attorneys General, for Plaintiff and Respondent.

KENNARD, J.

A jury convicted defendant Kurt Michaels of the first degree murder of JoAnn Clemons (Pen.Code, § 187),1 as well as robbery of Clemons (§ 211) and burglary of her apartment (§ 459). The jury found that defendant personally used a knife in all three crimes (§ 12022, subd. (a)), and personally inflicted great bodily injury on Clemons (§ 12022.7). It also found four special circumstances: (1) intentional...

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