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PEOPLE v. LEWIS

No. S069959.

46 Cal.4th 1255 (2009)

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL BERNARD LEWIS, Defendant and Appellant.

Supreme Court of California.

July 16, 2009.

Attorney(s) appearing for the Case

Tara K. Hoveland, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Mary Jo Graves, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, William M. Wood, Holly D. Wilkens and Peter Quon, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GEORGE, C. J. —

A jury convicted Michael Bernard Lewis of the first degree murder of Patricia Miller (Pen. Code, §§ 187, subd. (a), 189), and found true the special circumstance that the murder was committed while defendant was engaged in the commission of a rape (Pen. Code, §§ 190.2, former subd. (a)(17)(iii) [now subd. (a)(17)(C)], 261).1 The jury also found true the allegations...

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