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IN RE ROSS

No. C057249.

170 Cal.App.4th 1490 (2009)

In re TIMOTHY ELLIS ROSS on Habeas Corpus.

Court of Appeals of California, Third District.

February 10, 2009.

Attorney(s) appearing for the Case

Michael Satris, under appointment by the Court of Appeal, for Petitioner Timothy Ellis Ross.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Jennifer A. Neill and Amy Daniel, Deputy Attorneys General, for Respondent State of California.

OPINION

SCOTLAND, P. J.—

In November 1984, when he was 27 years old, Timothy Ellis Ross (defendant) and another man decided to rob Kelly Marshall (the victim). Defendant beat the victim into unconsciousness and then, with the other man's help, threw the victim, "head first, face down," over an embankment after they took his wallet and his boots. The victim's dead body was discovered the next...

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