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IN RE ROBERTS

No. S112505.

31 Cal.Rptr.3d 458 (2005)

36 Cal.4th 575

115 P.3d 1121

In re Orlando ROBERTS, on Habeas Corpus.

Supreme Court of California.

July 21, 2005.

Attorney(s) appearing for the Case

Donald Specter, under appointment by the Supreme Court, San Quentin, for Petitioner Orlando Roberts.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Frances T. Grunder, Assistant Attorney General, and Julie L. Garland, Deputy Attorney General, for Respondent the People.

Frederick R. Bennett, Los Angeles, and Christine Zarifian, for Los Angeles Superior Court as Amicus Curiae on behalf of Respondent the People.

Rita Coyne Federman, Charles A. Piccuta, San Luis Obispo; Dawn N. Pilimanu; Kathryn Houck, Fresno; and William S. Bateman, for San Luis Obispo County Superior Court, Monterey County Superior Court, Kings County Superior Court and Solano County Superior Court as Amici Curiae.

GEORGE, C.J.

In Los Angeles County, nearly 30 years ago, petitioner Orlando Roberts was convicted of first degree murder and other offenses and was sentenced, under the sentencing scheme then in effect, to an indeterminate term of life in prison. As is typical of the majority of persons convicted in that county and other counties containing major metropolitan areas, since his commitment to state prison petitioner has

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