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People v. Whisenhunt (2008) , Cal.4th
[No. S056997. Jun. 30, 2008.]
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL MCCREA WHISENHUNT, Defendant and Appellant.
(Superior Court of San Luis Obispo County, No. CR. F235728, Barry Hammer, Judge.)
(Opinion by CHIN, J, expressing the unanimous view of the court.)
OPINION
CHIN, J.-
On October 10, 1995, 19-month-old Kesha Gurke died of severe internal injuries and third degree burn wounds she received in the home where she lived with her mother, Jeanette Hill, and her mother's boyfriend, defendant Michael McCrea Whisenhunt. On August 22, 1996, a San Luis Obispo County jury found defendant guilty of first degree murder and found true the special circumstance that the murder was intentional and involved the infliction of torture. (Pen. Code, §§ 187, 189, 190.2 subd. (a)(18).) fn. 1 After the penalty phase, the jury returned a verdict of death. The trial court denied defendant's motion for new trial and modification of the penalty (§ 190.4, subd. (e)), and sentenced him to death. This appeal is automatic. (Cal. Const., art. VI, § 11; § 1239, subd. (b).) {Slip Opn. Page 2}
For reasons discussed below, we affirm the judgment in its entirety.
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