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People v. Zamudio (2008) , Cal.4th
[No. S074414. Apr. 21, 2008.]
THE PEOPLE, Plaintiff and Respondent, v. SAMUEL ZAMUDIO, Defendant and Appellant.
(Superior Court of Los Angeles County, No. VA036217, Dewey Lawes Falcone, Judge.)
OPINION
CHIN, J.-
On November 17, 1997, a jury convicted defendant Samuel Zamudio of two counts of first degree murder (Pen. Code, §§ 187, subd. (a), 189) fn. 1 and two counts of first degree residential robbery (§ 211). As to each of the convictions, the jury also found true allegations that defendant personally used a knife during the commission of the offense (§ 12022, subd. (b)). As to the murders, the jury also found true special circumstance allegations that defendant was convicted in this proceeding of more than one first degree murder (§ 190.2, subd. (a)(3)) and that the murders were committed while defendant was engaged in the commission of robbery (§ 190.2, subd. (a)(17)). On November 21, 1997, the jury fixed the penalty at death and, on October 5, 1998, the trial court imposed that sentence. This appeal is automatic. (§ 1239, subd. (b).) For reasons that follow, we vacate {Slip Opn. Page 2} one multiple-murder special-circumstance finding and otherwise affirm the guilt and penalty judgments in their entirety.
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