CUERO v. CATE

No. 12-55911.

827 F.3d 879 (2016)

Michael Daniel CUERO, Petitioner-Appellant, v. Matthew CATE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 30, 2016.


Attorney(s) appearing for the Case

Devin Burstein (argued), Warren & Burstein, San Diego, California, for Petitioner-Appellant.

Anthony Da Silva (argued) and Matthew Mulford , Deputy Attorneys General; Julie L. Garland , Senior Assistant Attorney General; Gerald A. Engler , Chief Assistant Attorney General; Kamala Harris , Attorney General of California; Office of the Attorney General, San Diego, California; for Respondent-Appellee.

Dissent by Judge O'Scannlain.


OPINION

On December 8, 2005, Michael Daniel Cuero stood in open court before the Honorable Charles W. Ervin, Judge of the Superior Court in and for the County of San Diego, and pursuant to a written plea agreement, he freely and voluntarily pleaded guilty to one felony count of causing bodily injury while driving...

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