People v. Burgener

Opinion

BAXTER, J.

On Halloween morning 1980, defendant Michael Ray Burgener killed William Arias, a convenience store clerk, and emptied the store’s cash register of approximately $50. In 1981, a jury convicted defendant of first degree murder by use of a firearm (Pen. Code, §§ 187, 189, 12022.5),1 robbery by use of a firearm and with the infliction of great bodily injury (§§211, 12022.5, 12022.7), and being a felon in possession of a firearm (§ 12021). The jury also found true the special circumstance that *847defendant murdered Arias in the commission of the robbery (§ 190.2, former subd.…