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   People v. Wallace (2008) , Cal.4th
[No. S033360. Aug. 14, 2008.]
THE PEOPLE, Plaintiff and Respondent, v. KEONE WALLACE, Defendant and Appellant.

(Superior Court of Fresno County, No. 444550-8, Frank J. Creede, Jr., Judge.)

(Opinion by Kennard, J., expressing the unanimous view of the court.)

OPINION

KENNARD, J.-

A Fresno County jury convicted defendant Keone Wallace of the first degree murder (Pen. Code, § 187), fn. 1 attempted rape (§§ 664/261, subd. (a)(2) [formerly subd. (2)]), and attempted robbery (§ 664/211, former § 212.5, subd. (b)) of Hazel Hamilton, and of residential burglary (§§ 459 & 460). It found true special circumstance allegations of murder in the commission or attempted commission of three felonies: robbery (§ 190.2, subd. (a)(17)(A), formerly subd. (a)(17)(i)), rape (§ 190.2, subd. (a)(17)(C), formerly subd. (a)(17)(iii)), and burglary (§ 190.2, subd. (a)(17)(G), formerly subd. (a)(17)(vii)). After a penalty trial, the jury returned a verdict of death. The trial court denied the automatic motion to modify the verdict (§ 190.4, subd. (e)) and sentenced defendant to {Slip Opn. Page 2} death. fn. 2 This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment in its entirety.

 
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