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PEOPLE v. BURGENER

No. S116882.

46 Cal.4th 231 (2009)

___ Cal.Rptr.3d ___

___ P.3d ___

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL RAY BURGENER, Defendant and Appellant.

Supreme Court of California.

May 7, 2009.

Attorney(s) appearing for the Case

Michael J. Hersek, State Public Defender, under appointment by the Supreme Court, and Harry Gruber, Deputy State Public Defender, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Annie Fraser and Lilia E. Garcia, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BAXTER, J.—

This is the fourth published opinion on appeal arising from defendant Michael Ray Burgener's murder of a convenience store clerk on Halloween morning 1980, and it may not be the last.

In 1981, a jury convicted defendant of the first degree murder of William Arias by use of a firearm, robbery by use of a firearm and with the infliction of great bodily injury, and being a felon in possession of a firearm. The...

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