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IN RE HONESTO

No. H027337.

29 Cal.Rptr.3d 653 (2005)

130 Cal.App.4th 81

In re Peter HONESTO, On Habeas Corpus.

Court of Appeals of California, Sixth District.

Review Denied October 12, 2005.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, Julie Garland, Supervising Deputy Attorney General, Pamela B. Hooley, Deputy Attorney General, for Appellant.

Steve M. Defilippis, Under Appointment by the Sixth District Appellate Program, for Respondent.

MIHARA, J.

In August 1984, petitioner Peter Honesto murdered John Re in the course of a kidnapping and attempted robbery. Honesto was tried for capital murder, kidnapping and attempted robbery, but the jury deadlocked. Honesto entered into a plea agreement under which he pleaded no contest to second degree murder and admitted that he had personally used a firearm, and the kidnapping and attempted robbery counts and the special circumstances allegations were dismissed...

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