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PEOPLE v. ROGERS

No. S005502.

48 Cal.Rptr.3d 1 (2006)

39 Cal.4th 826

141 P.3d 135

The PEOPLE, Plaintiff and Respondent, v. David Keith ROGERS, Defendant and Appellant.

Supreme Court of California.

August 21, 2006.

Attorney(s) appearing for the Case

A.J. Kutchins, Berkeley, under appointment by the Supreme Court; Denise Anton; Howard, Rice, Nemerovski, Canady, Falk & Rabkin and Alan W. Sparer, San Francisco, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Harry Joseph Colombo and George M. Hendrickson, Deputy Attorneys General, for Plaintiff and Respondent.

GEORGE, C.J.

A jury convicted defendant David Keith Rogers of the first degree murder of Tracie Clark and the second degree murder of Janine Benintende (Pen.Code, §§ 187, 189),1 and found true the special circumstance allegation of multiple murder (§ 190.2, subd. (a)(3)) and the allegation that defendant personally used a handgun in the commission of each murder (§ 12022.5). At the penalty phase of the trial, the jury...

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