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PEOPLE v. SMITH

No. S028339.

134 Cal.Rptr.2d 1 (2003)

30 Cal.4th 581

68 P.3d 302

The PEOPLE, Plaintiff and Respondent, v. Gregory Calvin SMITH, Defendant and Appellant.

Supreme Court of California.

As Modified on Denial of Rehearing July 16, 2003.

Certiorari Denied January 26, 2004.

Attorney(s) appearing for the Case

William M. Goodman, San Francisco, under appointment by the Supreme Court; Topel & Goodman, Ligi Coleen Yee and Jeremy D. Blank, San Jose, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Dane R. Gillette and Lisa H. Ashley Ott, Deputy Attorneys General, for Plaintiff and Respondent.

Certiorari Denied January 26, 2004. See 124 S.Ct. 1169.

CHIN, J.

A jury convicted defendant Gregory Calvin Smith of murdering (Pen.Code, § 187),1 raping (§ 261), and kidnapping (§ 207, subd. (a)) Ai Toyoshima, an exchange student from Japan. It found the murder to be in the first degree and under the special circumstances of rape murder and kidnap murder, and that defendant kidnapped the victim for the purpose of...

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