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PEOPLE v. THOMAS

No. S093456.

51 Cal.4th 449 (2011)

THE PEOPLE, Plaintiff and Respondent, v. ALEX DALE THOMAS, Defendant and Appellant.

Supreme Court of California.

February 3, 2011.

Attorney(s) appearing for the Case

Robert Derham , under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Alice B. Lustre and Sharon E. Loughner , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MORENO, J.—

Defendant Alex Dale Thomas, a substitute janitor at Rio Linda High School, raped and murdered 18-year-old student Michelle Montoya. Defense counsel did not contest that defendant killed the victim, but denied that he raped her, suggesting defendant had engaged in consensual sex with the victim, then killed her in a panic because he believed he had committed statutory rape and, as a convicted felon, could be sent to...

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