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PEOPLE v. MARTINEZ

No. S074624.

47 Cal.4th 911 (2010)

THE PEOPLE, Plaintiff and Respondent, v. TOMMY JESSE MARTINEZ, Defendant and Appellant.

Supreme Court of California.

January 14, 2010.

Attorney(s) appearing for the Case

Christopher Johns, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, John R. Gorey and Joseph P. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MORENO, J.—

On June 3, 1998, a jury found defendant Tommy Jesse Martinez guilty of the rape, robbery, and murder of Sophia Castro Torres. (Pen. Code, §§ 261, subd. (a)(2), 211, 187.)1 The jury found true the special circumstance allegations of rape and robbery and further determined that defendant personally used a knife, a deadly and dangerous weapon, in committing the crimes against Sophia...

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