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PEOPLE v. BRYANT, SMITH AND WHEELER

No. S049596.

60 Cal.4th 335 (2014)

178 Cal. Rptr. 3d 185

334 P.3d 573

THE PEOPLE, Plaintiff and Respondent, v. STANLEY BRYANT, DONALD FRANKLIN SMITH and LEROY WHEELER, Defendants and Appellants.

Supreme Court of California.

August 25, 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 Stanley Bryant.

David H. Goodwin , under appointment by the Supreme Court, for Defendant and Appellant Donald Franklin Smith.

Conrad Petermann , under appointment by the Supreme Court, for Defendant and Appellant Leroy Wheeler.

Bill Lockyer and Kamala D. Harris , Attorneys General, Robert R. Anderson , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, John R. Gorey and Victoria B. Wilson , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CORRIGAN, J.—

On August 28, 1988, Andre Armstrong, James Brown, Loretha Anderson, and Chemise English were shot and killed. Armstrong and Brown had run afoul of the Bryant Family gang and were shot at the entrance to a drug house. Ms. Anderson and her daughter Chemise, aged 28 months, were shot in a car parked at the curb. Anderson's son Carlos, aged 18 months, was also in the car. He was not shot and survived. A jury convicted...

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