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PEOPLE v. SCHMAUS

No. B147015.

135 Cal.Rptr.2d 521 (2003)

109 Cal.App.4th 846

The PEOPLE, Plaintiff and Respondent, v. Jason SCHMAUS et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Five.

Rehearing Denied July 2, 2003.

Review Denied September 24, 2003.

Attorney(s) appearing for the Case

David H. Goodwin, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant Michael Beattie.

Janyce Keiko Imata Blair, under appointment by the Court of Appeal, El Segundo, for Defendant and Appellant Danny Wayne Black.

Law Offices of Dennis A. Fischer, Dennis A. Fischer, Santa Monica, and John L. Ryan, for Defendant and Appellant Jason Schmaus.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jaime L. Fuster, Supervising Deputy Attorney General, and Douglas L. Wilson, Deputy Attorney General, for Plaintiff and Respondent.

CERTIFIED FOR PARTIAL PUBLICATION.*

MOSK, J.

Defendants and appellants Michael Beattie (Beattie), Danny & Wayne Black (Black), and Jason Schmaus (Schmaus) were convicted of first degree murder, and the jury found true the special circumstance that the murder was committed while lying in wait. At defendants' joint trial, Robert Glenn (Glenn) testified that he and defendants shared...

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