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People v. Lewis (2008) , Cal.4th
[No. S031603. Apr. 28, 2008.]
THE PEOPLE, Plaintiff and Respondent, v. JOHN IRVIN LEWIS II, Defendant and Appellant.
(Superior Court of Los Angeles County, No. BA048904, Clarence A. Stromwall, Judge.)
OPINION
KENNARD, J.-
A jury found defendant John Irvin Lewis II fn. 1 guilty of the first degree murder (Pen. Code, § 187; further undesignated statutory references are to the Penal Code) and robbery (§ 211) of Jose Avina and Agustine Ramirez and of the first degree murder, robbery, kidnapping for robbery (§ 209, subd. (b)), and kidnapping (§ 207, subd. (a)) of Willie Sams, Elizabeth Nisbet, and Shirley Denogean. As to each of the five murders, the jury found true special circumstances of murder by means of lying in wait (§ 190.2, former subd. (a)(15)), and murder during the commission of robbery (§ 190.2, former subd. (a)(17)(i) [now subd. (a)(17)(A)]). The jury found true special circumstances of murder {Slip Opn. Page 2} during the commission of a kidnapping or kidnapping for robbery (§ 190.2, former subd. (a)(17)(ii) [now subd. (a)(17)(B)]) for the Sams, Nisbet, and Denogean murders, and it found true a multiple-murder special circumstance (§ 190.2, subd. (a)(3)).
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