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PEOPLE v. McDOWELL

No. S085578.

54 Cal.4th 395 (2012)

143 Cal. Rptr. 3d 215

279 P.3d 547

THE PEOPLE, Plaintiff and Respondent, v. CHARLES McDOWELL, JR., Defendant and Appellant.

Supreme Court of California.

June 25, 2012.

Attorney(s) appearing for the Case

Tamara P. Holland , 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 , Assistant Attorney General, Sharlene A. Honnaka and Jonathan J. Kline , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CHIN, J. —

Capital defendant Charles McDowell, Jr., comes before this court for the second time. In 1984, a jury convicted defendant of first degree murder (Pen. Code, § 187),1 attempted murder (§§ 187, 664), attempted rape (§§ 261, 664), and burglary (§ 459). The jury sustained personal use of a knife allegations as to each offense (§ 12022, subd. (b)); in conjunction...

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