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GUIZAR v. ESTELLE

No. 86-6378.

843 F.2d 371 (1988)

Francisco Javier GUIZAR, Petitioner-Appellant, v. Wayne ESTELLE, Warden, and Attorney General of the State of California, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 31, 1988.

Attorney(s) appearing for the Case

Robert E. Boyce, Boyce & Frausto, San Diego, Cal., for petitioner-appellant.

Robert M. Foster, Supervising Deputy Atty. Gen., State of Cal., San Diego, Cal., for respondent-appellee.

Before BROWNING, HUG and REINHARDT, Circuit Judges.

PER CURIAM:

Francisco Javier Guizar was convicted of aiding and abetting first degree murder. He petitioned for a writ of habeas corpus and designated two "grounds" in his petition. He alleged that 1) he did not knowingly and intelligently waive his right to counsel, and therefore the state used his confession at trial in violation of his sixth amendment rights; and 2) the trial court erroneously failed to instruct the jury as to the requisite intent for aiding and...

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