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PEOPLE v. DONAN

No. B163471

11 Cal.Rptr.3d 904 (2004)

117 Cal.App.4th 784

The PEOPLE, Plaintiff and Respondent, v. Franklin Noe DONAN, Defendant and Appellant.

Court of Appeals of California, Second District, Division 4

April 8, 2004

Attorney(s) appearing for the Case

Richard A. Levy, Torrance, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson and Beverly K. Falk, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication*

HASTINGS, J.

Appellant Franklin Noe Donan was tried twice for first degree murder and attempted robbery. The initial judgment of conviction was reversed because of Wheeler1 error. Upon retrial the jury convicted him of first degree murder with a special circumstance that it occurred during an attempted robbery. (Pen.Code, §§ 187, subd. (a) and 190...

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