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PEOPLE v. ARY

No. A095433.

13 Cal.Rptr.3d 482 (2004)

118 Cal.App.4th 1016

The PEOPLE, Plaintiff and Respondent, v. James ARY, Jr., Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

Review Denied August 18, 2004.

Attorney(s) appearing for the Case

Martin N. Buchanan and James Kyle Gee, under appointment by the Court of Appeal under the First District Appellate Project Independent Case System, for Appellant.

Bill Lockyer, Attorney General, Robet R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, George F. Hindall, III, Assistant Supervising Deputy Attorney General, Joan Killeen, Deputy Attorney General, for Respondent.

HAERLE, J.

I. INTRODUCTION

James Ary, Jr. was convicted of first-degree murder (Pen.Code, § 187),1 carjacking (§ 215), robbery (§ 211) and being a felon in possession of a firearm (§ 12021, subd. (a)(1)) The jury found true the special circumstances that the murder occurred during the commission of a carjacking, a robbery and while lying in wait. (§ 190...

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