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MENDEZ v. KNOWLES

No. 06-15153.

535 F.3d 973 (2008)

Michael MENDEZ, Petitioner-Appellant, v. Mike KNOWLES, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 1, 2008.

Attorney(s) appearing for the Case

Barry L. Morris, Hayward, California, for the petitioner-appellant.

Mark Howell, Assistant Attorney General for the state of California, San Francisco, CA, for the respondent-appellee.

Before: RONALD M. GOULD, RICHARD R. CLIFTON, and N. RANDY SMITH, Circuit Judges.

GOULD, Circuit Judges.

The state of California charged and tried Michael Mendez for the molestation of two minor boys, in violation of sections 288(a), (b)(1), and 647.6(c)(2) of the California Penal Code ("CPC"). Over Mendez's objection, the prosecution introduced evidence of two prior convictions: (1) in 1989, Mendez pleaded guilty to sexual battery of a five-year-old boy in violation of CPC § 243.4; and (2) in 1990, Mendez pleaded guilty to committing a lewd...

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