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FRANKLIN v. JOHNSON

No. 00-36108.

290 F.3d 1223 (2002)

Charles Harvey Joseph FRANKLIN, Petitioner-Appellant, v. Dan JOHNSON, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 30, 2002.

Attorney(s) appearing for the Case

Christoper J. Schatz, Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.

Erika L. Hadlock, Office of the Attorney General of the State of Oregon, Salem, OR, for the defendant-appellee.

Before B. FLETCHER, O'SCANNLAIN, and BERZON, Circuit Judges.

Opinion by Judge BERZON; Concurrence by Judge O'SCANNLAIN.

OPINION

BERZON, Circuit Judge.

Charles Harvey Joseph Franklin appeals the denial of his petition for habeas relief under 28 U.S.C. § 2254. After a stipulated-facts bench trial, Franklin was convicted of one count of sodomy in the first degree and sentenced to 9 years, 8 months in prison and 3 years of supervised release. Franklin unsuccessfully appealed his conviction in the state courts...

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