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GARCIA v. BUNNELL

No. 93-16312.

33 F.3d 1193 (1994)

Mario GARCIA, Petitioner-Appellant, v. William BUNNELL, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 2, 1994.

Attorney(s) appearing for the Case

John Fresquez, Deputy State Public Defender, Sacramento, CA, for petitioner-appellant.

Robert D. Marshall, Deputy Atty. Gen., Sacramento, CA, for respondent-appellee.

Before: ALDISERT, WIGGINS, and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

Mario Mark Garcia is a California state prisoner serving a sentence of 33 years to life imposed upon his 1986 conviction on counts of first-degree murder and assault with a deadly weapon. He appeals the district court's denial of his 28 U.S.C. § 2254 petition regarding his conviction.1

In an ex parte hearing on the morning of trial, defense counsel Craig Holmes announced that he had accepted a position...

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