No. 87-2950.

881 F.2d 821 (1989)

Robert Dale GRAY, Petitioner-Appellant, v. Samuel A. LEWIS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 9, 1989.

Attorney(s) appearing for the Case

Richard M. Barnett, San Diego, Cal., for petitioner-appellant.

Gerald R. Grant, Asst. Atty. Gen., Dept. of Law, Phoenix, Ariz., for respondent-appellee.

Before CHAMBERS, ALARCON and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

Robert Dale Gray, an Arizona prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. In 1978, Gray was acquitted of first-degree rape but convicted of second-degree rape on an indictment alleging forcible rape. In 1981, this court found that the state had violated due process by not providing Gray with adequate notice of the age of the victim as an element of the second-degree rape charge, and granted...

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