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WEBSTER v. WOODFORD

No. 02-99009.

369 F.3d 1062 (2004)

Larry Junior WEBSTER, Petitioner-Appellee, v. Jeanne S. WOODFORD, Warden, at San Quentin California State Prison, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 5, 2004.

Amended May 25, 2004.

Attorney(s) appearing for the Case

Patrick J. Whalen, Stan Cross, Jo Graves, and Robert Anderson, Office of the Attorney General of the State of California, Sacramento, CA, for the appellant.

James S. Thomson and Saor E. Stetler, Thomson & Stetler, Berkeley, California; and Joseph Sclesinger, Assistant Federal Defender, and Quinn Denvir, Federal Defendant, Sacramento, CA, for the appellee.

Before: SCHROEDER, Chief Judge, and THOMAS and CLIFTON, Circuit Judges.

ORDER

The opinion in this case, which was filed March 5, 2004, 361 F.3d 522, is amended as follows:

On page 531, "In the instant case, it is undisputed that Webster removed the keys to the automobile from the victim's pocket." is replaced by, "In the instant case, the State proved beyond a reasonable doubt that Webster removed the keys to the automobile from the victim's person." "Further, California had also...

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