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PEOPLE v. ABEL

No. S064733.

53 Cal.4th 891 (2012)

138 Cal. Rptr. 3d 547

271 P.3d 1040

THE PEOPLE, Plaintiff and Respondent, v. JOHN CLYDE ABEL, Defendant and Appellant.

Supreme Court of California.

March 19, 2012.

Attorney(s) appearing for the Case

Michael J. Hersek , State Public Defender, under appointment by the Supreme Court, Kate Johnston and Mary K. McComb , 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, Adrianne S. Denault and James D. Dutton , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WERDEGAR, J.—

A jury convicted defendant John Clyde Abel of the first degree murder of Armando Miller (Pen. Code, § 187, subd. (a)), also finding he had personally used a firearm in the commission of the offense (id., § 12022.5, subd. (a)) and finding true the special circumstance that defendant had committed the murder during the course of a robbery (id., § 190.2, subd. (a)(17)). It imposed a sentence...

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