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PEOPLE v. LINTON

No. S080054.

56 Cal.4th 1146 (2013)

158 Cal. Rptr. 3d 521

302 P.3d 927

THE PEOPLE, Plaintiff and Respondent, v. DANIEL ANDREW LINTON, Defendant and Appellant.

Supreme Court of California.

June 27, 2013.

Attorney(s) appearing for the Case

Diane E. Berley , 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, Gary W. Schons , Assistant Attorney General, Anne Featherman Fraser and Lise S. Jacobson , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CANTIL-SAKAUYE, C. J. —

A jury convicted defendant Daniel Andrew Linton of the 1994 first degree murder of 12-year-old Melissa Middleton (Pen. Code, § 187)1 and found true the special circumstance allegations that the murder was committed during the commission of a first degree burglary, a forcible lewd act with a child under the age of 14 years, and the commission or attempted commission of rape...

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