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California Civil Procedure, Keyed to Levine, 6th Ed.
People v. Burgener
Citation:
29 Cal. 4th 833, 129 Cal. Rptr. 2d 747, 62 P.3d 1 (2003)Facts
On Halloween morning 1980, Michael Ray Burgener entered a 7-Eleven convenience store in Riverside, California, and shot clerk William Arias five times at close range with a .22-caliber handgun, killing him and stealing approximately $50 from the cash register. Burgener was arrested twelve hours later with the murder weapon, wearing clothing matching the witness description. At the penalty phase retrial, the prosecution presented evidence of Burgener’s prior violent crimes, including a 1969 attempted robbery-murder at another store and a 1977 pawnshop robbery, as well as extensive evidence of violent conduct in prison including stabbing correctional officers and attacking inmates. The defense presented mitigating evidence including Burgener’s abusive childhood, lack of appropriate mental health treatment, paranoid personality disorder, and religious conversion, while also arguing lingering doubt about guilt based on claims he was framed by prosecution witnesses.
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