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SULLIVAN v. BORG

No. 91-16825.

1 F.3d 926 (1993)

Clark SULLIVAN, Petitioner-Appellant, v. R.G. BORG, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 5, 1993.

Attorney(s) appearing for the Case

Louis Marinus Wijsen, Deputy State Public Defender, San Francisco, CA, for petitioner-appellant.

No appearance for the respondent-appellee.

Before: POOLE, BOOCHEVER, and FERNANDEZ, Circuit Judges.

BOOCHEVER, Circuit Judge:

Clark Sullivan was prosecuted in a California court for first-degree murder based on theories of both premeditated murder and felony murder. The trial judge instructed the jury that it could find Sullivan guilty of first-degree murder without jury unanimity as to which theory had been proved.1 Sullivan was convicted of first-degree murder and ten other counts, and sentenced to 49 years to life imprisonment.

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