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PEOPLE v. FOSTER

No. S058025.

50 Cal.4th 1301 (2010)

117 Cal. Rptr. 3d 658

242 P.3d 105

THE PEOPLE, Plaintiff and Respondent, v. RICHARD DON FOSTER, Defendant and Appellant.

Supreme Court of California.

November 18, 2010.

Attorney(s) appearing for the Case

William D. Farber , 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, Gary W. Schons , Assistant Attorney General, Holly D. Wilkens and Susan Elizabeth Miller , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GEORGE, C. J.—

A jury convicted Richard Don Foster of the first degree murder of Gail Johnson (Pen. Code, §§ 187, subd. (a), 189), second degree burglary (Pen. Code, § 459), and second degree robbery (Pen. Code, § 211).1 The jury found true the special circumstance allegations that the murder was committed while defendant was engaged...

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