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SMITH v. PLILER

No. C 02-1092 CRB (PR).

278 F.Supp.2d 1060 (2003)

Carlos Sebastian SMITH, Petitioner, v. C.K. PLILER, Warden, Respondent.

United States District Court, N.D. California.

August 15, 2003.

Attorney(s) appearing for the Case

Aileen Bunney, Office of Attorney General, San Francisco, CA.

Carlos Sebastian Smith, California State Prison—Solano, Vacaville, CA.

ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS

BREYER, District Judge.

Petitioner was convicted by a jury in the Superior Court of the State of California in and for the County of Alameda of first degree murder and second degree burglary. The jury also found that he personally used a dangerous weapon in committing the murder. In a bifurcated proceeding, the court found that petitioner had previously been...

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