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PEOPLE v. BIVERT

No. S099414.

52 Cal.4th 96 (2011)

THE PEOPLE, Plaintiff and Respondent, v. KENNETH RAY BIVERT, Defendant and Appellant.

Supreme Court of California.

July 11, 2011.

Attorney(s) appearing for the Case

Warren P. Robinson , 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, Gerald A. Engler , Assistant Attorney General, Glenn R. Pruden and Alice B. Lustre , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WERDEGAR, J.—

A jury convicted defendant Kenneth Ray Bivert of the first degree murder of Leonard Swartz. (Pen. Code, § 187.)1 The jury found that defendant used a deadly weapon in the commission of the murder (§ 12022, subd. (b)) and found true the special circumstance allegations of prior conviction of first degree murder and lying in wait (§ 190.2, subd. (a)(2), (15)). The jury further...

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