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PEOPLE v. LEE

No. S094597.

3 Cal.Rptr.3d 402 (2003)

74 P.3d 176

31 Cal.4th 613

The PEOPLE, Plaintiff and Respondent, v. Phia LEE et al., Defendants and Appellants.

Supreme Court of California.

Rehearing Denied October 22, 2003.

Certiorari Denied March 22, 2004.

Attorney(s) appearing for the Case

Alisa M. Weisman, under appointment by the Supreme Court, Diamond Bar, for Defendant and Appellant Phia Lee.

Stephen Greenberg, under appointment by the Supreme Court, Nevada City, for Defendant and Appellant Johnson Xiong.

Bill Lockyer, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Acting Chief Assistant Attorney General, Mary Jo Graves, Acting Assistant Attorney General, John G. McLean, Harry Joseph Colombo and Timothy L. Rieger, Deputy Attorneys General, for Plaintiff and Respondent.

Certiorari Denied March 22, 2004. See 124 S.Ct. 1680.

GEORGE, C.J.

Subdivision (a) of section 664 of the Penal Code (section 664(a))1 provides that, as a general matter, a person guilty of attempted murder must be punished by imprisonment for five, seven, or nine years. It goes on to provide, however, that, "if the [murder] attempted is willful, deliberate, and premeditated ..., the...

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