PEOPLE v. VALENCIA

No. S051451.

74 Cal.Rptr.3d 605 (2008)

43 Cal.4th 268

180 P.3d 351

The PEOPLE, Plaintiff and Respondent, v. Alfredo VALENCIA, Defendant and Appellant.

Supreme Court of California.

April 14, 2008.


Attorney(s) appearing for the Case

Michael J. Hersek, State Public Defender, under appointment by the Supreme Court, Donald J. Ayoob, Chief Assistant State Public Defender, and Jamilla Moore, Deputy State Public Defender, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Holly D. Wilkens, Bradley A. Weinreb and Ivy B. Fitzpatrick, Deputy Attorneys General, for Plaintiff and Respondent.


CHIN, J.

A jury convicted defendant Alfredo Valencia of the first degree murder of Roberto Cruz under the special circumstance of robbery murder and with personal use of a knife. (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 is automatic....

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