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Certified for Partial Publication. [*]

Certiorari Denied October 1, 2001. See 122 S.Ct. 204 .

STOEVER, J. [***]

This is an appeal from convictions (by jury) of various offenses, as follows:

1. Appellants Brandon Wade Hein, Micah Holland, Jason Holland and Anthony Miliotti: Count I, burglary (Pen. Code, § 459). Count II, attempted robbery (Pen.Code, §§ 664/211, 1192.7, subd. (c)(19)). Count IV, murder committed during the course of a burglary and an attempted robbery (Pen.Code, §§ 187, subd. (a), 190.2, subd. (a)(17), 1192.7, subd. (c)(1)). The jury found to be true allegations of special circumstances and found the murder, burglary and attempted robbery to be of the first degree.

2. Appellant Jason Holland (only): In addition, the jury found this appellant, guilty of the lesser crime of assault with a deadly weapon as to count V, attempted willful, deliberate, premeditated murder. (Pen.Code, §§ 664/187, subd. (a), 1192.7 subd. (c).) The jury also found to be true the personal use allegations as to counts I, II and IV (Pen.Code, §§ 12022, subd. (b)) and the great bodily injury allegations as to counts I, II and V (Pen.Code, §§ 12022.7, subd. (a), 1192.7 subd. (c)(8)). (The…