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PEOPLE v. WHEELOCK

No. A096854

11 Cal.Rptr.3d 796 (2004)

117 Cal.App.4th 561

The PEOPLE, Plaintiff and Respondent, v. Thomas Franklin WHEELOCK, Defendant and Appellant.

Court of Appeals of California, First District, Division 3

Rehearing Denied April 30, 2004

Review Denied June 30, 2004

Attorney(s) appearing for the Case

Randy Baker, First District Appellate Project Independent Case System, for Appellant.

Bill Lockyer, Attorney General of the State of California; Robert R. Anderson, Chief Assistant Attorney General; Gerald A. Engler, Senior Assistant Attorney General; Catherine A. Rivlin, Supervising Deputy Attorney General; Christina Vom Saal, Deputy Attorney General, for Respondent.

Certified For Partial Publication*

PARRILLI, J.

A jury convicted Thomas Franklin Wheelock of first degree murder with personal use of a firearm, and with the special circumstance that the murder was committed during a robbery. The jury rejected a special circumstance allegation that the murder was committed while Wheelock was lying in wait. After a penalty trial, the jury chose a sentence of life without the possibility of parole...

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