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PEOPLE v. FAMALARO

No. S064306.

52 Cal.4th 1 (2011)

THE PEOPLE, Plaintiff and Respondent, v. JOHN JOSEPH FAMALARO, Defendant and Appellant.

Supreme Court of California.

July 7, 2011.

Attorney(s) appearing for the Case

Michael J. Hersek , State Public Defender, under appointment by the Supreme Court, Joel Kirshenbaum and Douglas G. Ward , Deputy State Public Defenders, 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 D. Wilkens and Marilyn L. George , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KENNARD, J.—

A jury found defendant John Joseph Famalaro guilty of the first degree murder of Denise Huber. (Pen. Code, §§ 187, 189.)1 It found true special circumstance allegations that her murder was committed while defendant was engaged in kidnapping (§ 190.2, former subd. (a)(17)(ii), now § 190.2, subd. (a)(17)(B)) and in the commission or attempted commission of sodomy (§...

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