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PEOPLE v. VALDEZ

No. S026872.

8 Cal.Rptr.3d 271 (2004)

82 P.3d 296

32 Cal.4th 73

The PEOPLE, Plaintiff and Respondent, v. Alfredo Reyes VALDEZ, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied February 24, 2004.

Attorney(s) appearing for the Case

Marilee Marshall, Pasadena, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Sharlene Honnaka and Carl N. Henry, Deputy Attorneys General, for Plaintiff and Respondent.

MORENO, J.

A jury convicted defendant Alfredo Reyes Valdez of the first degree murder of Ernesto Macias (Pen.Code, § 187, subd. (a))1 and of escape from custody (§ 4532, subd. (b)). The jury found true the special circumstance allegation that the murder was committed while defendant was engaged in the commission of a robbery (§ 190.2, subd. (a)(17)) and that defendant personally used a firearm (§§ 12022.5, subd...

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