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PEOPLE v. ELLIOT

No. S057063.

35 Cal.Rptr.3d 759 (2005)

37 Cal.4th 453

122 P.3d 968

The PEOPLE, Plaintiff and Respondent, v. Michael Lee ELLIOT, Defendant and Appellant.

Supreme Court of California.

November 28, 2005.

Attorney(s) appearing for the Case

Barry L. Morris, under appointment by the Supreme Court, Hayward, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Patrick J. Whalen, Julia Bancroft and Stephanie A. Mitchell, Deputy Attorneys General, for Plaintiff and Respondent.

MORENO, J.

Michael Lee Elliot was convicted in 1996 in Sacramento County Superior Court of the first degree murder (Pen.Code, § 187, subd. (a))1 of Sherri Gandy. The jury also found defendant guilty of attempted robbery (§§ 211, 664) and found true two special circumstances, that the murder was committed during an attempted robbery (§ 190.2, subd. (a)(17)) and that the murder was intentional and involved torture (&...

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