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ROY v. GOMEZ

No. 94-15994.

81 F.3d 863 (1996)

Kenneth Duane ROY, Petitioner-Appellant, v. James GOMEZ; John Van De Kamp; and William Merkle, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 15, 1996.

Attorney(s) appearing for the Case

Hill C. Snellings, Blackmon & Drozd, Sacramento, California, for petitioner-appellant.

Margaret Venturi, Supervising Deputy Attorney General, Sacramento, California, for respondents-appellees.

Before: HUG, Chief Judge, BROWNING, WALLACE, FLETCHER, PREGERSON, POOLE, REINHARDT, HALL, THOMPSON, RYMER, and T.G. NELSON, Circuit Judges.

BROWNING, Circuit Judge:

This is an appeal from the denial of a petition for habeas corpus. Petitioner Kenneth Duane Roy challenges his state court convictions of robbery and first-degree murder for aiding and abetting a felony murder. He contends the state trial court erred by failing to instruct the jury on the specific intent that is a necessary element of aiding and abetting under California law. The district court agreed, but held the error harmless. A divided...

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