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  5. 33 Cal.Rptr.3d 397 (2005)
 

PEOPLE v. SCHMECK

No. S015008.

33 Cal.Rptr.3d 397 (2005)

37 Cal.4th 240

118 P.3d 451

The PEOPLE, Plaintiff and Respondent, v. Mark Lindsey SCHMECK, Defendant and Appellant.

Supreme Court of California.

August 25, 2005.

Attorney(s) appearing for the Case

Cliff Gardner, San Francisco, under appointment by the Supreme Court, and Catherine White, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Ronald S. Matthias and Violet M. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

GEORGE, C.J.

A jury found defendant Mark Lindsey Schmeck guilty of the first degree murder of Lorin Gwynne Germaine (Pen.Code, § 187, subd. (a), § 189)1 and of second degree robbery (§ 211). The jury also found true the allegations that defendant killed the victim while engaged in the commission or attempted commission of a robbery (former § 190.2, subd. (a)(17)(i), now § 190.2, subd. (a)(17)(A)), and personally...

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