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RIOS v. CHAVEZ

No. 78-3054.

620 F.2d 702 (1980)

Victor Eugene RIOS, Petitioner-Appellant, v. Abelico CHAVEZ, Supt. et al., Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 18, 1980.

Attorney(s) appearing for the Case

Jeb Scully, Sacramento, Cal., argued for petitioner-appellant; Jo Ellen L. Mitchell, Sacramento, Cal., on the brief.

Shirley Nelson, Sacramento, Cal., for respondent-appellee.

Before GOODWIN and ANDERSON, Circuit Judges, and CLAIBORNE, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

Petitioner Victor Eugene Rios appeals a judgment below denying his petition for a writ of habeas corpus. Finding that Rios was twice placed in jeopardy for the same offense, we reverse the judgment with instructions that the writ be issued.

I. BACKGROUND

On September 25, 1969, a group of juveniles robbed a drive-in restaurant located in Sacramento, California. In the course of that robbery, the owner of the...

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