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ANDRADE v. ATTORNEY GENERAL OF STATE OF CALIFORNIA

No. 99-55691.

270 F.3d 743 (2001)

Leandro ANDRADE, Petitioner-Appellant, v. ATTORNEY GENERAL OF THE STATE OF CALIFORNIA; Ernest B. Roe, Warden, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 2, 2001.

Attorney(s) appearing for the Case

Erwin Chemerinsky, University of Southern California Law School, Los Angeles, California, for the petitioner-appellant.

Robert M. Foster, Deputy Attorney General, and Douglas P. Danzig, Deputy Attorney General, San Diego, California, for the respondents-appellees.

Before: SCHROEDER, Chief Judge, and SNEED and PAEZ, Circuit Judges.

Opinion by Judge PAEZ; Concurring and Dissenting Opinion by Judge SNEED

PAEZ, Circuit Judge:

Appellant Leandro Andrade was convicted in the Superior Court of California of two counts of petty theft for shoplifting a total of nine videotapes from two K-Mart stores. California generally treats such offenses as misdemeanors, each punishable by up to six months in county jail and up to a $1,000 fine. However, because Andrade had been convicted of several prior...

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