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PEOPLE v. ARY

No. A095433

11 Cal.Rptr.3d 74 (2004)

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

Court of Appeals of California, First District, Division 2

Review Granted April 12, 2004

Attorney(s) appearing for the Case

Martin Nebrida Buchanan, by appointment of the Court of Appeal under the First District Appellate Project Independent Case System, San Diego, 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 People.

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. (§ 190.2, subds.(a)(15), (a) (17).) It also found true...

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