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PEOPLE v. MUNGIA

No. S060803.

44 Cal.4th 1101 (2008)

THE PEOPLE, Plaintiff and Respondent, v. JOHN MUNGIA, Defendant and Appellant.

Supreme Court of California.

August 14, 2008.

Attorney(s) appearing for the Case

Michael J. Hersek, State Public Defender, under appointment by the Supreme Court, and Jeffrey Gale, 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, William M. Wood and Lise Jacobson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KENNARD, J.

A jury convicted defendant John Mungia of the first degree murder of Alma Franklin. (Pen. Code, §§ 187, 189; all further statutory references are to the Penal Code unless otherwise indicated.) It found true special circumstance allegations that the murder was committed while defendant was engaged in the commission of robbery (§ 190.2, former subd. (a)(17)(i), now subd. (a)(17)(A)) and burglary (§ 190.2...

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