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PEOPLE v. ELLIOTT

No. S027094.

53 Cal.4th 535 (2012)

THE PEOPLE, Plaintiff and Respondent, v. MARCHAND ELLIOTT, Defendant and Appellant.

Supreme Court of California.

February 2, 2012.

Attorney(s) appearing for the Case

Richard B. Mazer , 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, Pamela C. Hamanaka and Lance E. Winters , Assistant Attorneys General, Sharlene Honnaka , Joseph P. Lee , Thomas C. Hsieh and James William Bilderback II , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KENNARD, J. —

Defendant Marchand Elliott1 appeals from a judgment of death upon his conviction by jury verdict of one count of murder in the first degree (Pen. Code, §§ 187, 189),2 with the special circumstance of murder during the commission of a robbery (§ 190.2, subd. (a)(17)). The jury found him guilty also of one count each of robbery (§ 211) and...

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