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P. v. Travis

Following a jury trial, William Travis (appellant) was found guilty of attempted premeditated murder. (Pen. Code, §§ 187, 664, subd. (a).) The jury found true the allegation that appellant had personally used a handgun within the meaning of Penal Code section 12022.53, subdivisions (b), (c), and (d) and had personally inflicted great bodily injury on the victim Fred Williamson within the meaning of sections 1203, subdivision (e)(3) and 12022.7, subdivision (a).[1] Subsequently, the court sentenced appellant to 32 years in state prison.
In this appeal appellant contends that his due process rights were violated when the prosecution suppressed favorable material evidence in violation of Brady v. Maryland (1963) 373 U.S. 83 (Brady). Further, the trial court erred in excluding evidence that the victim in this case, Fred Williamson, had raped a former girlfriend. Appellant has filed a petition for writ of habeas corpus in which he asks that this court order an evidentiary hearing into what the prosecutor knew and when he knew it in connection with his claim of a Brady violation; alternatively, he asserts that his counsel was ineffective in failing to cross examine the prosecutor and prosecutor's investigator in connection with his post trial motion to set aside his conviction on Brady grounds.[2] For reasons that follow, we affirm the judgment. We have disposed of the habeas petition by separate order filed this day. (See Cal. Rules of Court, rule 8.387(b)(2)(B).)

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