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PEOPLE v. GARDNER

No. A135615.

231 Cal.App.4th 945 (2014)

THE PEOPLE, Plaintiff and Respondent, v. ROBERT GARDNER, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

November 21, 2014.

Attorney(s) appearing for the Case

Robert Derham , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Laurence K. Sullivan and René A. Chacón , Deputy Attorneys General, for Plaintiff and Respondent.

[CERTIFIED FOR PARTIAL PUBLICATION*]

OPINION

REARDON, J.—

A jury convicted defendant Robert Gardner of first degree murder (Pen. Code,1 § 187), torture (§ 206), first degree burglary (§§ 459, 460, subd. (a)), and grand theft (§ 487). The trial court further found true the allegations that defendant had served two prior prison terms...

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