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CROTTS v. SMITH

No. 94-56694.

73 F.3d 861 (1996)

Stokes Ray CROTTS, Jr., Petitioner-Appellee, v. George SMITH, Warden, California Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Opinion Filed October 10, 1995.

Opinion Withdrawn January 5, 1996.

Decided January 5, 1996.

Attorney(s) appearing for the Case

Seymour I. Cohen, Torrance, California, for appellee.

David A. Wildman, Deputy Attorney General, Los Angeles, California, for appellant.

Before: BROWNING, PREGERSON, Circuit Judges, and TANNER, District Judge.

ORDER

The opinion filed October 10, 1995 is withdrawn.

OPINION

PREGERSON, Circuit Judge:

A state court jury found Petitioner-Appellee Stokes Ray Crotts guilty of assault with a deadly weapon upon a peace officer in violation of California Penal Code § 245(c). After his conviction was affirmed on direct appeal, Crotts unsuccessfully petitioned the California state courts for a writ of habeas corpus. Crotts then petitioned the United...

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