People v. Whalen

Filed 2/4/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S054569 v. ) ) DANIEL LEE WHALEN, ) ) Stanislaus County Defendant and Appellant. ) Super. Ct. No. 25297 ____________________________________) A jury found defendant Daniel Lee Whalen guilty of the 1994 first degree murder (Pen. Code, § 187, subd. (a))1 and first degree robbery (§ 212.5, subd. (a)) of Sherman Robbins, and found true the special circumstance allegation that the murder was committed during the course of a robbery (§ 190.2, former subd. (a)(17)(i), now subd. (a)(17)(A)), and the…