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PEOPLE v. BENAVIDES

No. S033440.

24 Cal.Rptr.3d 507 (2005)

35 Cal.4th 69

105 P.3d 1099

The PEOPLE, Plaintiff and Respondent, v. Vicente Figueroa BENAVIDES, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied April 27, 2005.

Attorney(s) appearing for the Case

Lynne S. Coffin and Michael J. Hersek, State Public Defenders, under appointments by the Supreme Court, and Kent Barkhurst, Deputy State Public Defender, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Carlos A. Martinez and Kelly E. Lebel, Deputy Attorneys General, for Plaintiff and Respondent.

BROWN, J.

A jury found defendant Vicente Figueroa Benavides guilty of the murder of Consuelo Verdugo (Pen.Code, § 187),1 finding that he committed the murder under the special circumstances of felony-murder rape, felony-murder sodomy, and felony-murder lewd conduct (§ 190.2, subd. (a)(17)(C), (D), (E)). The jury also found defendant guilty of rape, sodomy, and lewd conduct (§§ 261, subd. (2), 286, subd. (c), 288, subd...

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