PEOPLE v. LEE

No. S080550.

51 Cal.4th 620 (2011)

THE PEOPLE, Plaintiff and Respondent, v. PHILIAN EUGENE LEE, Defendant and Appellant.

Supreme Court of California.

February 24, 2011.


Attorney(s) appearing for the Case

Conrad Petermann , under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons , Assistant Attorney General, Holly Wilkens and Marilyn L. George , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

CHIN, J.

Defendant Philian Eugene Lee was convicted of first degree murder with personal use of a firearm. (Pen. Code, §§ 187, subd. (a), 189, 12022.5, subd. (a).)1 The jury found as a special circumstance that the murder was committed during the commission of an attempted rape. (§ 190.2, subd. (a)(17)(C).) After a penalty trial, the jury returned a verdict of death. The trial court...

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