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PHILLIPS v. HERNDON

No. 09-56079.

730 F.3d 773 (2013)

Steven Wayne PHILLIPS, Petitioner-Appellant, v. Debra HERNDON, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted September 17, 2013.

Attorney(s) appearing for the Case

Tony Faryar Farmani , Farmani APLC, San Diego, CA, for Petitioner-Appellant.

Kamala D. Harris , Attorney General, Julie L. Garland , Senior Assistant Attorney General, Kevin R. Vienna , and Kristine A. Gutierrez , Deputy Attorney General, San Diego, CA, for Respondent-Appellee.

Before: ALFRED T. GOODWIN and WILLIAM A. FLETCHER, Circuit Judges, and EDWARD R. KORMAN, Senior District Judge.

OPINION

KORMAN, District Judge:

Steven Wayne Phillips, along with one of his accomplices, Robert Cress, was found guilty of the murder of William Jacob. Phillips alone was found guilty of personally discharging a firearm in the course of the murder. He was sentenced to twenty-five years to life for murder and also subjected to a mandatory consecutive sentence of twenty-five years to life for the firearm enhancement under California Penal Code § 12022...

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