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ZAPATA v. VASQUEZ

No. 12-17503.

788 F.3d 1106 (2015)

Paul M. ZAPATA, Petitioner-Appellant, v. Rodolfo VASQUEZ, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2015.

Attorney(s) appearing for the Case

Steven G. Kalar , Federal Public Defender for the Northern District of California; Robert M. Carlin (argued), Assistant Federal Public Defender; Mara K. Goldman , Research and Writing Attorney, San Jose, California, for Petitioner-Appellant.

Kamala D. Harris , Attorney General of California; Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Senior Assistant Attorney General, Peggy S. Ruffra , Supervising Deputy Attorney General, John H. Deist (argued), Deputy Attorney General, San Francisco, California, for Respondent-Appellee.

Before: STEPHEN REINHARDT, RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges.

OPINION

In 2004, a jury convicted Paul Zapata of first-degree murder in violation of California Penal Code § 187, along with enhancements for committing an offense for the benefit of a criminal street gang and personally discharging a firearm in the course of the offense. He was sentenced to two consecutive...

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