P. v. Mallet CA2/1
In 1981, a jury found Mallet guilty of one count of first degree murder under section 187 (count 1), two counts of forcible rape in concert under sections 261 and 264.1 (counts 2 & 3), one count of assault with intent to commit rape under section 220 (count 4), one count of burglary under section 459 (count 5), and three counts of robbery under section 211 (counts 6 through 8). The jury found true the allegations that Mallet personally used a firearm and that a principal was armed with a firearm in the commission of all offenses, except count 4, assault with intent to commit rape. (People v. Mallett (June 29, 1983, 41449) [nonpub. opn.], 2-3, 12.) This court’s opinion in Mallet’s direct appeal states the murder victim died as a result of a gunshot wound.
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