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PEOPLE v. BURGENER

No. S024642.

129 Cal.Rptr.2d 747 (2003)

29 Cal.4th 833

62 P.3d 1

The PEOPLE, Plaintiff and Respondent, v. Michael Ray BURGENER, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied April 9, 2003.

As Modified April 9, 2003.

Attorney(s) appearing for the Case

Michael R. Totaro, Pacific Palisades, and Stephen S. Buckley, under appointments by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Frederick R. Millar, Jr., Raquel M. Gonzalez and Lilia E. Garcia, Deputy Attorneys General, for Plaintiff and Respondent.

BAXTER, J.

On Halloween morning 1980, defendant Michael Ray Burgener killed William Arias, a convenience store clerk, and emptied the store's cash register of approximately $50. In 1981, a jury convicted defendant of first degree murder by use of a firearm (Pen.Code, §§ 187, 189, 12022.5),1 robbery by use of a firearm and with the infliction of great bodily injury (§§ 211, 12022.5, 12022.7), and being a felon in possession...

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