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AVILA v. ROE

No. 01-15003.

298 F.3d 750 (2002)

Alexander AVILA, Petitioner-Appellee, v. Ernest ROE, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

July 31, 2002.

Attorney(s) appearing for the Case

Peggy S. Ruffra, Deputy Attorney General, San Francisco, California, for the respondent-appellant.

Michael A. Willemsen, Mountain View, California, for the petitioner-appellee.

Before: GOODWIN, SNEED and TROTT, Circuit Judges.

OPINION

GOODWIN, Circuit Judge.

The State of California appeals a judgment granting a writ of habeas corpus to remedy a Faretta violation.1 For the reasons that follow, we reverse and remand.

BACKGROUND

In June 1993, appellee Alexander Avila was indicted on two counts of child molestation. Several weeks prior to trial, Avila moved to substitute his appointed counsel pursuant to People v. Marsden,<...

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