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IN RE BOLDEN

No. S099231.

46 Cal.4th 216 (2009)

___ Cal.Rptr.3d ___

___ P.3d ___

In re CLIFFORD STANLEY BOLDEN on Habeas Corpus.

Supreme Court of California.

May 4, 2009.

Attorney(s) appearing for the Case

Jeanne Keevan-Lynch, under appointment by the Supreme Court, for Petitioner Clifford Stanley Bolden.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Ronald A. Bass and Gerald A. Engler, Assistant Attorneys General, Ronald S. Matthias, Glenn R. Pruden, Nanette Winaker and Frances Marie Dogan, Deputy Attorneys General, for Respondent State of California.

OPINION

KENNARD, J.—

A jury convicted petitioner Clifford Stanley Bolden of the first degree murder (Pen. Code, § 187)1 and robbery (§ 211) of Henry Michael Pedersen. The jury found that petitioner used a deadly weapon for both offenses (§ 12022, subd. (b)), and, as a special circumstance, that petitioner murdered Pedersen while engaged in the commission of the robbery (§ 190.2, subd. ...

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