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CENTENO v. SUPERIOR COURT

No. B170615

11 Cal.Rptr.3d 533 (2004)

117 Cal.App.4th 30

Walter CENTENO, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; The People of the State of California, Real Party in Interest.

Court of Appeals of California, Second District, Division 5

Review Denied June 9, 2004

Attorney(s) appearing for the Case

Michael P. Judge, Public Defender, Albert J. Menaster, Daniel Kuperberg, Jenny Brown and Terri Towrey, Deputy Public Defenders, for Petitioner.

No appearance on behalf of Respondent.

Steve Cooley, District Attorney, Brent Riggs and Jessica Goulden, Deputy District Attorneys, for Real Party in Interest.

GRIGNON, Acting P.J.

Petitioner and defendant Walter Centeno has been charged with special circumstance murder and the prosecution is seeking the death penalty. Defendant claims he is mentally retarded. In Atkins v. Virginia (2002) 536 U.S. 304, 319-321, 122 S.Ct. 2242, 153 L.Ed.2d 335, the United States Supreme Court held that execution of a mentally retarded person constitutes...

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