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People v. Gay (2008) , Cal.4th
[No. S093765. Mar. 20, 2008.]
THE PEOPLE, Plaintiff and Respondent, v. KENNETH EARL GAY, Defendant and Appellant.
(Superior Court of Los Angeles County, No. A392702, L. Jeffrey Wiatt, Judge.)
(Opinion by Baxter, J., expressing the unanimous view of the court. Separate concurring opinion by Werdegar, J., with Kennard, Acting C. J., and Marchiano, J., fn. * concurring.)
OPINION
BAXTER, J.-
After a joint trial before separate juries in the Los Angeles County Superior Court, Raynard Paul Cummings and defendant Kenneth Earl Gay were convicted of the June 2, 1983, murder of Paul Verna, a Los Angeles police officer. The juries found that Officer Verna was intentionally killed while engaged in the performance of his duties (Pen. Code, § 190.2, subd. (a)(7)), that the murder was committed for the purpose of preventing a lawful arrest (id., § 190.2, subd. (a)(5)), and that a principal was armed (id., § 12022, subd. (a)) and that each principal personally used a firearm in the commission of the murder (id., §§ 12022.5, subd. (a), 1203.06, subd. (a)(1)). Each jury returned a penalty verdict of death.
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