FALCONE v. STEWART

No. 96-15755.

120 F.3d 1082 (1997)

Kenneth John FALCONE, Petitioner-Appellant, v. Terry STEWART, Director; Attorney General of the State Of Arizona, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 14, 1997.


Attorney(s) appearing for the Case

Kenneth John Falcone, pro se, Tucson, AZ, for petitioner-appellant.

Dawn M. Northup, Assistant Attorney General, Phoenix, AZ, for respondents-appellees.

Before: FARRIS and TASHIMA, Circuit Judges, and STAGG, Senior District Judge.


PER CURIAM:

Kenneth John Falcone appeals the district court's denial of his petition for habeas corpus under 28 U.S.C. § 2254. We have jurisdiction under 28 U.S.C. § 2253. We reverse.

I

On February 23, 1990, Falcone entered two guilty pleas in Arizona Superior Court, in case number CR-89-08697 ("the -97 case") and case number CR-89-02205 ("the -05 case"). The cases arose from separate indictments that were factually unrelated.

The...

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