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PEOPLE v. SALAZAR

No. S119066.

29 Cal.Rptr.3d 16 (2005)

35 Cal.4th 1031

112 P.3d 14

The PEOPLE, Plaintiff and Respondent, v. Jose A. SALAZAR, Defendant and Appellant. In re Jose A. Salazar, on Habeas Corpus.

Supreme Court of California.

Rehearing Denied August 10, 2005.

Attorney(s) appearing for the Case

Gail Harper, San Francisco, under appointment by the Supreme Court, for Petitioner and for Defendant and Appellant.

Kenneth I. Clayman, Public Defender (Ventura) and Michael C. McMahon, Chief Deputy Public Defender, for California Public Defenders Association as Amicus Curiae on behalf of Petitioner and Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Carol Wendelin Pollack and Pamela C. Hamanaka, Assistant Attorneys General, Linda C. Johnson, Scott A. Taryle, Donald E. De Nicola, Robert F. Katz, Roy C. Preminger, John R. Gorey and Michael J. Wise, Deputy Attorneys General, for Plaintiff and Respondent.

Steve Cooley, District Attorney (Los Angeles), Curt Livesay, Chief Deputy District Attorney, Lael Rubin, Head Deputy District Attorney, and Brent Riggs, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.

BAXTER, J.

A jury found petitioner Jose Salazar guilty of killing 11-month-old Adriana Krygoski, who had been left in his care, and convicted him of second degree murder and assault on a child resulting in death. While his appeal was pending (B117225), he filed a petition for writ of habeas corpus (B137034) in which he alleged, inter alia, that the Los Angeles County District Attorney's Office withheld and was withholding...

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