No. S058472.

45 Cal.4th 577 (2009)

THE PEOPLE, Plaintiff and Respondent, v. ERIC WAYNE BENNETT, Defendant and Appellant.

Supreme Court of California.

January 29, 2009.

Attorney(s) appearing for the Case

Tamara P. Holland, under appointment by the Supreme Court, 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 Wilkens and Annie Featherman Fraser, Deputy Attorneys General, for Plaintiff and Respondent.



A jury convicted defendant Eric Wayne Bennett of the first degree murder (Pen. Code, § 187, subd. (a))1 of Marie Powell Evans and found two special circumstances to be true—that the murder was committed while engaged in the commission of rape (§ 190.2, former subd. (a)(17)(iii)) and burglary (id., former subd. (a)(17)(vii)). The jury also convicted defendant...

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