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PEOPLE v. RUSSELL

No. S075875.

50 Cal.4th 1228 (2010)

242 P.3d 68

THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY RUSSELL, Defendant and Appellant.

Supreme Court of California.

November 15, 2010.

Attorney(s) appearing for the Case

Michael J. Hersek , State Public Defender, under appointment by the Supreme Court, Kent Barkhurst and Nina Rivkind , Deputy State Public Defenders, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons , Assistant Attorney General, Holly D. Wilkens , Rhonda Cartwright-Ladendorf and Annie Featherman Fraser , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MORENO, J.—

On September 4, 1998, a jury convicted Timothy Russell of the murders of Riverside County Sheriff's Deputies Michael Haugen and James Lehmann (Pen. Code,1 § 187). The jury found true a sentencing enhancement allegation that defendant had used a rifle during the commission of the murders (§§ 12022.5, subd. (a), 1192.7, subd...

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