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PEOPLE v. MURRAY

B203444.

THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER MURRAY, Defendant and Appellant.

Court of Appeals of California, Second Appellate District, Division Eight

Not to be Published in the Official Reports

Attorney(s) appearing for the Case

Diana M. Teran, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lance E. Winters, and Ellen Birnbaum Kehr, Deputy Attorneys General, for Plaintiff and Respondent.

RUBIN, ACTING P. J.

Christopher Murray appeals from the jury's verdict that he was sane when he murdered two persons and tried to murder another. For the reasons set forth below, we affirm the sanity verdict but reverse and remand for resentencing because the trial court should have stricken a multiple murder special circumstance allegation and also failed to exercise its discretion to choose between a term of life without parole or a sentence of 25 years to life...

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