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IN RE BOYETTE

No. S092356.

56 Cal.4th 866 (2013)

157 Cal. Rptr. 3d 163

301 P.3d 530

In re MAURICE BOYETTE on Habeas Corpus.

Supreme Court of California.

May 30, 2013.

Attorney(s) appearing for the Case

Lynne S. Coffin , under appointment by the Supreme Court, Lynne S. Coffin , State Public Defender, Audrey Chavez and Gail Johnson , Deputy State Public Defenders, for Petitioner Maurice Boyette.

Bill Lockyer , Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Robert R. Anderson and Dane R. Gillette , Chief Assistant Attorneys General, Ronald A. Bass and Gerald A. Engler , Assistant Attorneys General, Ronald S. Matthias , Glenn R. Pruden and Christina vomSaal , Deputy Attorneys General, for Respondent State of California.

OPINION

WERDEGAR, J. —

In 1993, an Alameda County jury convicted petitioner Maurice Boyette of two counts of first degree murder for shooting and killing Gary Carter and Annette Devallier. (Pen. Code, § 187.)1 The jury also convicted petitioner of being a felon in possession of a firearm (former § 12021) and sustained allegations that he was both armed with (§ 12022, subd. (a)) and used (§...

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