Carlos

Saul Rodriguez Carlos was convicted of two counts of robbery, after which he admitted he had suffered two prior serious felony convictions that also qualified as strikes. He was sentenced to state prison for a term of 25 years to life, plus 10 years for the priors. Carlos appeals and concurrently petitions for habeas corpus relief, contending (I) potentially exculpatory evidence was impermissibly withheld; (II) pretrial identification evidence should have been excluded; (III) the jury was incorrectly instructed about fingerprint evidence; and (IV) trial counsel’s failure to consult eyewitness and fingerprint experts deprived him of his right to the effective assistance of counsel. We agree with the second point and thus do not reach the other issues. We reverse the judgment, remand for a new trial, and dismiss the petition as moot.

FACTS

On November 26, 2003, a man who “look[ed] . . . Mexican” and who was wearing a hooded blue jacket entered a donut shop and ordered Vutena Kear to open the cash register. Vutena Kear complied, and the man put his hand in the register. When another employee (Luis Hermosillo) pushed the register drawer so that it closed, the man panicked,…