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PEOPLE v. DeFRANCE

No. C055878.

167 Cal.App.4th 486 (2008)

THE PEOPLE, Plaintiff and Respondent, v. CURTIS BRYANT DeFRANCE, Defendant and Appellant.

Court of Appeals of California, Third District.

October 9, 2008.

Attorney(s) appearing for the Case

Mark L. Christiansen, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, David A. Rhodes and Peter H. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MORRISON, Acting P. J.

When Stephan Elaine Brophy tried to stop defendant Curtis Bryant DeFrance from stealing her son's car, defendant ran over Brophy and killed her. Defendant was convicted by jury of first degree murder (Pen. Code, § 187, subd. (a)) with a robbery special circumstance (Pen. Code, § 190.2, subd. (a)(17)) and a deadly weapon enhancement (Pen. Code, § 12022, subd. (b)(1)), robbery (Pen. Code, § 211...

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