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California Court of Appeal

People v. DeFrance, C055878

Conviction and sentence for first degree murder with a robbery special circumstances and a deadly weapon enhancement, robbery, and vehicle theft are affirmed in part and reversed in part where: 1) there was sufficient evidence of robbery; 2) there was sufficient evidence from which the jury could conclude victim had a special relationship with her son to support a finding she had control over his property; 3) while the jury instruction provided little assistance in determining the issue of control, the omission was harmless in this case; and 4) the parole revocation fine must be stricken because defendant was sentenced to life without the possibility of parole.

Appellate Information

  • Decided 10/09/2008
  • Published 10/09/2008


  • MORRISON, Acting P.J.


  • California Court of Appeal


  • For Appellees:
  • Mark L. Christiansen, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, David A. Rhodes and Peter H. Smith, Deputy Attorneys General, for Plaintiff and Respondent.
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