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People v. Richardson (2008) , Cal.4th
[No. S029588. May. 22, 2008.]
THE PEOPLE, Plaintiff and Respondent, v. CHARLES KEITH RICHARDSON, Defendant and Appellant.
(Superior Court of Tulare County, No. 27383, William Silveira, Jr., Judge.)
(Opinion by Moreno, J., expressing the unanimous view of the court.)
OPINION
MORENO, J.-
Defendant Charles Keith Richardson was convicted by a jury of the murder of April Holley (Pen. Code, § 187, subd. (a)), as to which the jury found true felony-murder special circumstances for burglary, rape, sodomy and lewd and lascivious acts on a child under the age of 14. (Pen. Code, § 190.2, subd. (a)(17).) The jury also convicted defendant of residential burglary (Pen. Code, § 459), forcible rape (Pen. Code, § 261, subd. (a)), lewd and lascivious acts on a child under 14 (Pen. Code, § 288, subd. (b)), and sodomy (Pen. Code, § 286, subd. (c)), all of these counts also involving the murder victim, April Holley. fn. 1 In a bifurcated proceeding, the trial court found true additional allegations that defendant had suffered prior convictions for a serious felony and a sex offense. (Pen. Code, §§ 667, 667.6, subd. (b).) The jury returned a death verdict for the murder. The trial court declined to modify the verdict (Pen. Code, § 190.4, subd. (e)), and {Slip Opn. Page 2} sentenced defendant to death. fn. 2 This appeal is automatic. (Cal. Const., art. VI, § 11, subd. (a); § 1239, subd. (b).)
We affirm the judgment but, for the reasons given below, remand the case on the issue of restitution. (See People v. Vieira (2005) 35 Cal.4th 264, 305-306.)
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