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PEOPLE v. HOVARTER

No. S018637.

44 Cal.4th 983 (2008)

THE PEOPLE, Plaintiff and Respondent, v. JACKIE RAY HOVARTER, Defendant and Appellant.

Supreme Court of California.

August 11, 2008.

Attorney(s) appearing for the Case

Lynne S. Coffin and Michael J. Hersek, State Public Defenders, under appointment by the Supreme Court, and Denise Kendall, Assistant State Public Defender, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Ronald S. Matthias and David H. Rose, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WERDEGAR, J.

A Humboldt County jury convicted Jackie Ray Hovarter in 1988 of the first degree murder of Danna Elizabeth Walsh. (Pen. Code, § 187; all further statutory references are to this code unless otherwise indicated.) It also convicted defendant of kidnapping and forcibly raping Walsh (§§ 207, subd. (a), 261, former subd. (2), now see id., subd. (a)(2)) and sustained special circumstance allegations that...

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