PEOPLE v. HORNING

No. S044677.

22 Cal.Rptr.3d 305 (2004)

34 Cal.4th 871

102 P.3d 228

The PEOPLE, Plaintiff and Respondent, v. Danny Ray HORNING, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied January 26, 2005.

Certiorari Denied October 3, 2005.


Attorney(s) appearing for the Case

John F. Schuck, Palo Alto, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Eric L. Christoffersen and Erik R. Brunkal, Deputy Attorneys General, for Plaintiff and Respondent.


Certiorari Denied October 3, 2005. See 126 S.Ct. 45.

CHIN, J.

A jury convicted defendant Danny Ray Horning of the first degree murder of Sammy McCullough under the special circumstances of robbery murder and burglary murder and with personal use of a handgun. (Pen.Code, §§ 187, 190.2, subd. (a)(17), 12022.5, subd. (a).)1 After the guilt verdict, defendant waived his right to a jury trial as to further proceedings. The...

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