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PEOPLE v. SMITH

No. S026223.

25 Cal.Rptr.3d 554 (2005)

35 Cal.4th 334

107 P.3d 229

The PEOPLE, Plaintiff and Respondent, v. Gregory Scott SMITH, Defendant and Appellant.

Supreme Court of California.

As Modified on Denial of Rehearing April 27, 2005.

Certiorari Denied October 31, 2005.

Attorney(s) appearing for the Case

Lynne S. Coffin and Michael J. Hersek, State Public Defenders, under appointments by the Supreme Court, and William Hassler, Deputy State Public Defender, San Francisco, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, John R. Gorey, William T. Harter and Susan Sullivan Pithey, Deputy Attorneys General, Los Angeles, for Plaintiff and Respondent.

Certiorari Denied October 31, 2005. See 126 S.Ct. 550.

KENNARD, J.

On October 9, 1991, defendant Gregory Scott Smith pled guilty to (1) first degree murder in violation of Penal Code section 187, subdivision (a);1 (2) kidnapping in violation of section 207, subdivision (a); (3) arson in violation of section 451, subdivisions (c) and (d); (4) commission of a forcible lewd act upon a child in violation of section 288, subdivision...

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