IN RE PALERMO

No. C058030.

171 Cal.App.4th 1096 (2009)

In re DARIN PALERMO on Habeas Corpus.

Court of Appeals of California, Third District.

February 11, 2009.


Attorney(s) appearing for the Case

Law Office of Benjamin Ramos and Benjamin Ramos for Petitioner Darin Palermo.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Jennifer A. Neill and Pamela B. Hooley, Deputy Attorneys General, for Respondent State of California.


OPINION

SCOTLAND, P. J.

In June 1987, when he was 21 years old, Darin Palermo (defendant) fatally shot his former girlfriend, Andrea Naftel (the victim), while she was sitting on the toilet in the bathroom of defendant's apartment.

According to defendant's version of the incident, he and the victim had planned to go target shooting together. Believing that he had emptied the bullets from his revolver, defendant foolishly began to play...

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