In re Gonzalez
Petitioner Sergio Gonzalez filed a petition for writ of habeas corpus challenging his conviction for second degree murder. He contends he was denied his state and federal constitutional rights to the effective assistance of appellate counsel. His claim is based on defense counsel's failure to argue on appeal that the instruction on voluntary manslaughter based on heat of passion was erroneous. With his petition he filed a declaration from the lawyer who represented him in the earlier appeal wherein she stated she had not taken the issue into account when preparing the appeal but â€
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