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PEOPLE v. WHISENHUNT

No. S056997.

44 Cal.4th 174 (2008)

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL McCREA WHISENHUNT, Defendant and Appellant.

Supreme Court of California.

June 30, 2008.

Attorney(s) appearing for the Case

Michael J. Hersek, State Public Defender, under appointment by the Supreme Court, and Mary K. McComb, Deputy State Public Defender, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Pamela C. Hamanaka, Assistant Attorney General, John R. Gorey, Kenneth C. Byrne and Keith Borjon, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CHIN, J.

On October 10, 1995, 19-month-old Kesha Gurke died of severe internal injuries and third degree burn wounds she received in the home where she lived with her mother, Jeanette Hill, and her mother's boyfriend, defendant Michael McCrea Whisenhunt. On August 22, 1996, a San Luis Obispo County jury found defendant guilty of first degree murder and found true the special circumstance...

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