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PEOPLE v. ROGERS

No. S080840.

57 Cal.4th 296 (2013)

159 Cal. Rptr. 3d 626

304 P.3d 124

THE PEOPLE, Plaintiff and Respondent, v. GLEN ROGERS, Defendant and Appellant.

Supreme Court of California.

July 25, 2013.

Attorney(s) appearing for the Case

William Hassler , under appointment by the Supreme Court; and Michael J. Hersek , State Public Defender, 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, John R. Gorey , G. Tracey Letteau and Keith H. Borjon , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BAXTER, J. —

A jury convicted defendant Glen Rogers of the first degree murder of Sandra Gallagher (Pen. Code, § 187, subd. (a)),1 and arson of property (§ 451, subd. (d)). One special circumstance was found true: that defendant was previously convicted of first degree murder. (§ 190.2, subd. (a)(2) [prior-murder-conviction special circumstance].) Following a penalty trial, the jury...

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