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PEOPLE v. CASTANEDA

No. S085348.

51 Cal.4th 1292 (2011)

127 Cal. Rptr. 3d 200

254 P.3d 249

THE PEOPLE, Plaintiff and Respondent, v. GABRIEL CASTANEDA, Defendant and Appellant.

Supreme Court of California.

June 30, 2011.

Attorney(s) appearing for the Case

John L. Staley , 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 Marvin E. Mizell , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CANTIL-SAKAUYE, C. J.—

A jury convicted Gabriel Castaneda of the first degree murder of Colleen Mary Kennedy (Pen. Code, §§ 187, subd. (a), 189), one count of second degree commercial burglary (Pen. Code, §§ 459, 460), one count of kidnapping (Pen. Code, § 207, subd. (a)), one count of sodomy by use of force (Pen. Code, § 286, subd. (c)(2)), and one count of second degree robbery (Pen. Code, §...

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