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PEOPLE v. ALLEN AND JOHNSON

No. S066939.

53 Cal.4th 60 (2011)

133 Cal. Rptr. 3d 548

264 P.3d 336

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ALLEN and CLEAMON JOHNSON, Defendants and Appellants.

Supreme Court of California.

December 5, 2011.

Attorney(s) appearing for the Case

Brent F. Romney , under appointment by the Supreme Court, for Defendant and Appellant Michael Allen.

Michael J. Hersek , State Public Defender, under appointment by the Supreme Court, and Andrew S. Love , Assistant State Public Defender, for Defendant and Appellant Cleamon Johnson.

Bill Lockyer and Kamala D. Harris , Attorneys General, Robert R. Anderson , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, John R. Gorey and Gary A. Lieberman , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CORRIGAN, J.—

A jury convicted codefendants Michael Allen and Cleamon Johnson of the first degree murders of Peyton Beroit and Donald Loggins, with multiple-murder special-circumstance findings as to both. After Allen waived his right to a jury trial, the court found that he had previously been convicted of first degree murder.1 The jury returned verdicts...

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