Opinion by Judge TROTT; Concurrence by Judge MICHAEL DALY HAWKINS.
TROTT, Circuit Judge:
On December 18, 1992, Tolbert was convicted of first degree robbery. He was sentenced to California state prison for thirteen years. The California court of appeal affirmed his conviction. His petition for rehearing as well as his petition for review before the California Supreme Court were denied. Tolbert, a black African-American male, then filed a federal petition for...
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