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PEOPLE v. LOY

No. S076175.

52 Cal.4th 46 (2011)

THE PEOPLE, Plaintiff and Respondent, v. ELOY LOY, 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, and Marianne D. Bachers , Deputy State Public Defender, for Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, Sharlene A. Honnaka and Susan Sullivan Pithey , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CHIN, J.—

A jury convicted defendant Eloy Loy of the first degree murder of Monique Arroyo under the special circumstance of a murder committed while engaged in the commission of a lewd and lascivious act on a child under the age of 14. (Pen. Code, §§ 187, 190.2, subd. (a)(17).) After a penalty trial, the jury returned a verdict of death. The court denied the automatic motion...

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