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PEOPLE v. BURGENER

No. S179181.

1 Cal.5th 461 (2016)

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL RAY BURGENER, Defendant and Appellant.

Supreme Court of California.

August 11, 2016.

Attorney(s) appearing for the Case

Michael J. Hersek , State Public Defender, under appointment by the Supreme Court, Harry Gruber and Elias Batchelder , Deputy State Public Defenders, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Holly D. Wilkens , Robin Urbanski and Meredith S. White , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

In 1981, Michael Ray Burgener was convicted of murdering William Arias during a convenience store robbery and sentenced to death. We affirmed the guilt judgment but reversed the penalty verdict because defense counsel at Burgener's request "deliberately refrained from introducing any evidence in support of a lesser...

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