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IN RE VALDEZ

No. S107508.

49 Cal.4th 715 (2010)

111 Cal. Rptr. 3d 647

233 P.3d 1049

In re ALFREDO REYES VALDEZ on Habeas Corpus.

Supreme Court of California.

July 8, 2010.

Attorney(s) appearing for the Case

Marilee Marshall, under appointment by the Supreme Court, for Petitioner Alfredo Reyes Valdez.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Pamela C. Hamanaka, Assistant Attorney General, Keith H. Borjon, Sharlene A. Honnaka and Carl N. Henry, Deputy Attorneys General, for Respondent State of California.

OPINION

MORENO, J.—

On May 22, 1992, petitioner Alfredo Reyes Valdez was sentenced to death for the April 30, 1989 murder of Ernesto Macias. On June 14, 2002, while the automatic appeal to this court was pending, Valdez filed a petition for writ of habeas corpus. On January 6, 2004, in the automatic appeal, we affirmed the judgment of death in People v. Valdez (2004) 32 Cal.4th 73 [

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