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DOMINGUEZ v. KERNAN

No. 18-55209.

906 F.3d 1127 (2018)

Florencio Jose DOMINGUEZ, Petitioner-Appellant, v. Scott KERNAN, Secretary of the California Department of Corrections and Rehabilitation, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 23, 2018.

Attorney(s) appearing for the Case

Matthew J. Speredelozzi (argued) and Patrick Morgan Ford , San Diego, California, for Petitioner-Appellant.

Kevin Vienna (argued), Deputy Attorney General; Daniel Rogers , Supervising Deputy Attorney General; Julie L. Garland , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, San Diego, California; for Respondent-Appellee.

Before: Raymond C. Fisher and Morgan Christen, Circuit Judges, and Edward F. Shea, District Judge.

OPINION

Florencio Dominguez was charged with murder. After his trial ended in a hung jury, the trial court dismissed the case under California Penal Code § 1385. The state filed a new complaint, charging Dominguez with murder and conspiracy to commit murder. Dominguez...

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