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PEOPLE v. WHALEN

No. S054569.

56 Cal.4th 1 (2013)

152 Cal. Rptr. 3d 673

294 P.3d 915

THE PEOPLE, Plaintiff and Respondent, v. DANIEL LEE WHALEN, Defendant and Appellant.

Supreme Court of California.

February 4, 2013.

Attorney(s) appearing for the Case

A. Richard Ellis , under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer and Kamala D. Harris , Attorneys General, Robert R. Anderson and Dane R. Gillette , Chief Assistant Attorneys General, Mary Jo Graves and Michael P. Farrell , Assistant Attorneys General, Patrick J. Whalen , Carlos A. Martinez and Catherine Tennant Nieto , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CANTIL-SAKAUYE, C. J. —

A jury found defendant Daniel Lee Whalen guilty of the 1994 first degree murder (Pen. Code, § 187, subd. (a))1 and first degree robbery (§ 212.5, subd. (a)) of Sherman Robbins, and found true the special circumstance allegation that the murder was committed during the course of a robbery (§ 190.2, former subd. (a)(17)(i), now subd. (a)(17)(A)), and the allegation...

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