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PEOPLE v. BOYETTE

No. S032736.

127 Cal.Rptr.2d 544 (2003)

29 Cal.4th 381

58 P.3d 391

The PEOPLE, Plaintiff and Respondent, v. Maurice BOYETTE, Defendant and Appellant.

Supreme Court of California.

As Modified February 11, 2003.

Rehearing Denied February 11, 2003.

Attorney(s) appearing for the Case

Lnne S. Coffin, State Public Defender, under appointment by the Supreme Court, Audrey R. Chavez, Deputy State Public Defender; Law Offices of Coffin & Love and Andrew S. Love for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Catherine A. Rivlin and Christina Vom Saal, Deputy Attorneys General, for Plaintiff and Respondent.

WERDEGAR, J.

Maurice Boyette was convicted in 1993 in Alameda County Superior Court of the first degree murders of Gary Carter and Annette Devallier. (Pen.Code, § 187; all further statutory references are to this code unless otherwise indicated.) The jury also sustained a special circumstance allegation that defendant committed a multiple murder (§ 190.2, subd. (a)(3)) and enhancement allegations that defendant was armed with, and used, a firearm in the...

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