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PEOPLE v. KELLY

No. S049973.

68 Cal.Rptr.3d 531 (2007)

42 Cal.4th 763

171 P.3d 548

The PEOPLE, Plaintiff and Respondent, v. Douglas Oliver KELLY, Defendant and Appellant.

Supreme Court of California.

December 6, 2007.

Attorney(s) appearing for the Case

Michael J. Hersek, State Public Defender, under appointment by the Supreme Court, and Evan Young, Deputy State Public Defender, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Sharlene A. Honnaka and Stephanie C. Brenan, Deputy Attorneys General, for Plaintiff and Respondent.

CHIN, J.

A jury convicted defendant Douglas Oliver Kelly of the first degree murder of Sara Weir under the special circumstances of robbery and rape murder and with personal use of a deadly weapon. (Pen.Code, §§ 187, 190.2, subd. (a)(17), 12022, subd. (b).)1 After a penalty trial, the jury returned a verdict of death. The court denied the automatic motion to modify the verdict (§ 190.4) and imposed that sentence. This appeal...

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