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PEOPLE v. BOYER

No. S029476.

42 Cal.Rptr.3d 677 (2006)

38 Cal.4th 412

133 P.3d 581

The PEOPLE, Plaintiff and Respondent, v. Richard Delmer BOYER, Defendant and Appellant.

Supreme Court of California.

May 11, 2006.

Attorney(s) appearing for the Case

R. Clayton Seaman, Jr., under appointment by the Supreme Court, Prescott, AZ, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Esteban Hernandez, Frederick B. Clark, Teresa Torreblanca, William M. Wood, Adrianne S. Denault and Lise S. Jacobson, Deputy Attorneys General, for Plaintiff and Respondent.

BAXTER, J.

In 1984, a jury convicted defendant Richard Delmer Boyer of the first degree murders (Pen.Code, §§ 187, subd. (a), 189)1 and robberies (§ 211) of Francis and Aileen Harbitz. An allegation that defendant used a deadly weapon, a knife, in each of the offenses was sustained. (§ 12022, former subd. (b), see now subd. (b)(1).) Under the 1978 death penalty law, special circumstances of multiple murder (§ 190...

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