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  5. 178 Cal.App.4th 1303 (2009)
 

IN RE CERNY

Nos. A122964, A124744.

178 Cal.App.4th 1303 (2009)

In re BRUCE A. CERNY on Habeas Corpus.

Court of Appeals of California, First District, Division Three.

November 4, 2009.

Attorney(s) appearing for the Case

Benjamin Ramos for Plaintiff and Respondent Bruce A. Cerny.

Edmund G. Brown, Jr., Attorney General, Anya M. Binsacca, Assistant Attorney General, and Denise A. Yates, Deputy Attorney General, for Defendant and Respondent State of California.

OPINION

SIGGINS, J.—

Petitioner Bruce A. Cerny committed a second degree murder in 1980 that was enhanced due to his use of a firearm. He was sentenced to 17 years to life in prison and has been in prison ever since. At the time of the murder, Cerny was a chronic drug abuser. He claims he has been drug free since entering prison, and there is no evidence he has abused any substance since 1981. He has regularly participated in Narcotics...

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