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CALIFORNIA BRIEFING / SAN FRANCISCO

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The California Supreme Court unanimously upheld on Monday the death sentence of Richard Allen Davis, convicted in the 1993 kidnapping and murder of 12-year-old Polly Klaas.

Davis had challenged his conviction and sentence, contending that his confession was illegally obtained and that his case in Santa Clara County was tainted by massive pretrial publicity.

Marc Klaas, Polly’s father, expressed frustration Monday that Davis’ appeals were taking too long. He said Polly would be 28 had she lived.

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“I have no doubt that this guy is going to outlive me,” said Klaas, 60, a crime victims’ advocate.

Davis has a constitutional challenge pending before the state high court. Once that is resolved, he can challenge his conviction and sentence in federal court.

Assistant California Atty. Gen. Ronald Matthias, who successfully opposed Davis’ appeal, said federal appeals can take 10 to 15 years.

Davis kidnapped Polly from her Petaluma bedroom, where she was having a slumber party with two other girls. Her mother and a younger half sister were sleeping down the hall.

Davis had a long and violent criminal record, and his history helped fuel voter support for the 1994 three-strikes initiative that requires a 25-years-to-life sentence for a third felony after two violent felonies.

-- Maura Dolan

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