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PEOPLE v. CAPISTRANO

No. S067394.

59 Cal.4th 830 (2014)

176 Cal. Rptr. 3d 27

331 P.3d 201

THE PEOPLE, Plaintiff and Respondent, v. JOHN LEO CAPISTRANO, Defendant and Appellant.

Supreme Court of California.

August 4, 2014.

Attorney(s) appearing for the Case

Michael J. Hersek , State Public Defender, under appointment by the Supreme Court, and Kathleen M. Scheidel , Assistant State Public Defender, for Defendant and Appellant.

Edmund G. Brown and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, John R. Gorey , Joseph P. Lee and Margaret E. Maxwell , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WERDEGAR, J. —

Defendant John Leo Capistrano was convicted at trial of one count of first degree murder (Pen. Code, § 187),1 one count of attempted willful, premeditated murder (§§ 664, subd. (a), 187, subd. (a)), six counts of first degree robbery (§§ 211, 212.5, subd. (a), 213, subd. (a)(1)(A) & (B)), three counts of carjacking (§ 215), one count of first degree...

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