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LABOA v. CALDERON

No. 99-15816.

224 F.3d 972 (2000)

Rocky Dean LABOA, Petitioner-Appellant, v. Arthur CALDERON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2000

Attorney(s) appearing for the Case

Eric S. Multhaup and Tara M. Mulay, Mill Valley, CA, for appellant.

Ward A. Campbell, Deputy Attorney General, Sacramento, CA, for appellee.

Before: HUG, Chief Judge, D.W. NELSON, and McKEOWN, Circuit Judges.

HUG, Chief Judge:

Petitioner Rocky Dean Laboa appeals the district court's denial on the merits of his petition for a writ of habeas corpus. On March 26, 1982 Laboa was convicted of first degree murder and robbery. The jury found special circumstances to exist, and on May 3, 1982, Laboa was sentenced to prison for life without the possibility of parole. On direct appeal the California Court of Appeals affirmed the conviction, but struck the special circumstance. Laboa...

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