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PEREZ v. ROSARIO

No. 04-15279.

449 F.3d 954 (2006)

Albino PEREZ, Petitioner-Appellant, v. Terry ROSARIO, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred December 8, 2005.

Resubmitted May 22, 2006.

Filed May 22, 2006.

Attorney(s) appearing for the Case

Kent A. Russell, Russell and Russell, San Francisco, CA, argued the cause for the petitioner-appellant and was on the briefs.

Christopher W. Grove, Deputy Attorney General of the State of California, San Francisco, CA, argued the cause for the respondent-appellee; Bill Lockyer, Attorney General of the State of California, was on the brief for the respondent-appellee.

Before DIARMUID F. O'SCANNLAIN, ROBERT E. COWEN, and CARLOS T. BEA, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

In this habeas corpus appeal, we must decide whether an attorney's alleged faulty advice to his criminal defendant client during the plea bargaining process in state court constitutes ineffective assistance of counsel.

I

In 1987 Albino Perez's girlfriend left him for John Hernandez. Perez took a hammer to Hernandez and broke his arm before he was pulled off.

A

Eight years later, Hernandez was driving...

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