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DUBRIN v. PEOPLE OF CALIFORNIA

No. 10-56548.

720 F.3d 1095 (2013)

Brian Charles DUBRIN, Petitioner-Appellant, v. PEOPLE OF the State of CALIFORNIA, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2013.

Attorney(s) appearing for the Case

Brian Charles Dubrin, Corcoran, CA, for pro se.

David A. Wildman , Deputy Attorney General, Los Angeles, CA, for Respondent-Appellee.

Before: RICHARD A. PAEZ and PAUL J. WATFORD, Circuit Judges, and SUZANNE B. CONLON, District Judge.

OPINION

WATFORD, Circuit Judge:

The petitioner in this case, Brian Charles Dubrin, is serving a sentence of 25 years to life under California's threestrikes law. He petitioned for a writ of habeas corpus on the ground that one of the prior convictions used to enhance his sentence was obtained in violation of his constitutional rights.

The facts related to that prior conviction are the following. In 2000, Dubrin pleaded no contest to making criminal...

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