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PEOPLE v. LEWIS

No. S020670.

14 Cal.Rptr.3d 566 (2004)

91 P.3d 928

33 Cal.4th 214

The PEOPLE, Plaintiff and Respondent, v. Robert LEWIS, Jr., Defendant and Appellant.

Supreme Court of California.

Rehearing Denied August 11, 2004.

Attorney(s) appearing for the Case

Robert M. Sanger, Santa Barbara, 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, John R. Gorey and Margaret E. Maxwell, Deputy Attorneys General, for Plaintiff and Respondent.

BROWN, J.

A jury convicted defendant of the first degree murder (Pen.Code, § 187)1 and robbery (§ 211) of Milton Estell. It found true allegations of deadly weapon use (§ 12022, subd. (b)) and personal use of a firearm (§§ 12022.5, 1203.06) as well as a special circumstance allegation that the murder was committed during the commission or attempted commission of a robbery. (§ 190.2, former subd. (a)(17)(i...

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