PEOPLE v. McCURDY

No. S061026.

59 Cal.4th 1063 (2014)

176 Cal. Rptr. 3d 103

331 P.3d 265

THE PEOPLE, Plaintiff and Respondent, v. GENE ESTEL McCURDY, Defendant and Appellant.

Supreme Court of California.

August 14, 2014.


Attorney(s) appearing for the Case

Michael J. Hersek , State Public Defender, under appointment by the Supreme Court, and Gary D. Garcia , Deputy State Public Defender, for Defendant and Appellant.

Bill Lockyer and Kamala D. Harris , Attorneys General, Robert R. Anderson , Chief Assistant Attorney General, Mary Jo Graves , Assistant Attorney General, Stan Cross , Acting Assistant Attorney General, Carlos A. Martinez , Patrick J. Whalen and Catherine Tennant Nieto , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

BAXTER, J.

A jury convicted defendant Gene Estel McCurdy of the first degree murder (Pen. Code, § 187, subd. (a)),1 kidnapping (§ 207, subd. (a)), and kidnapping with the purpose to commit a lewd act on a child under 14 years old (§ 207, subd. (b)) of Maria Piceno. The jury found true the special circumstance allegation of kidnapping murder. (§ 190.2, subd. (a)(17)(B).) The jury...

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