Fear Not Law Articles: P. v. Hall

P. v. Hall

Filed 12/15/06 P. v. Hall CA5

Received for posting 1/18/07

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent

HERSHEL GENE HALL,

Defendant and Appellant.

F049339

(Super. Ct. No. BF110599A)

OPINION

APPEAL from a judgment of the Superior Court of Kern County. Stephen P. Gildner (trial) and John I. Kelly (sentencing), Judges.

Victor J. Morse, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Lloyd G. Carter and Brian Alvarez, Deputy Attorneys General, for Plaintiff and Respondent.

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Procedural History

Appellant Hershel Gene Hall was convicted by jury of the first degree premeditated murder of his wife, Frances â€

Description	Appellant was convicted by jury of the first degree premeditated murder of his wife, Frances "Geri" Russell. (Pen. Code, S 187, subd. (a).) In addition, the jury found Hall guilty of unlawfully taking a vehicle (Veh. Code, S 10851, subd. (a)), and of first degree robbery (S 212.5, subd. (a)). The jury found not true two special circumstances allegations that the murder had been committed for financial gain and had been committed during the commission of a robbery. In a bifurcated proceeding, the trial court found that Hall had served a prior prison term within the meaning of section 667.5, subdivision (b). The trial court sentenced Hall to an indeterminate term of 25 years to life for the murder count, plus a consecutive six-year upper term for the robbery, and a consecutive eight month term ( one third the middle term) for the vehicle theft. The court also imposed two consecutive one year terms for the prior prison term allegation. The judgment of conviction is affirmed.
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