Michael Dean Vicks v. William Bunnell, Superintendent

Good Law
875 F.2d 258·1989 WL 53331·1989 U.S. App. LEXIS 7153
United States Court of Appeals for the Ninth CircuitMay 23, 198988-5947California915 words

Opinion

Opinion

Sneed, J.

Michael Dean Vicks, a state prisoner, appeals in propria persona from the denial of his petition for a writ of habeas corpus. Vicks argues that the California courts based his conviction on insufficient proof, admitted prejudicial evidence at his trial, improperly enhanced his sentence, and incorrectly instructed the jury. We reverse and remand.

I.

FACTS AND PROCEEDINGS BELOW

Vicks, according to a jury in the Superior Court of the County of San Diego, took part in a heinous crime spree in Southern California during the spring of 1983. The evidence persuaded them that, with an accomplice, Vicks abducted and sexually assaulted several women while armed with a gun. The jury convicted him of one count of kidnapping for the purpose of robbery while personally armed with a firearm, six counts of robbery while armed with a firearm, one count of sodomy in concert while armed with a firearm, one count of kidnapping while personally armed with a firearm, one count of attempted robbery while personally armed with a firearm, and two counts of kidnapping while armed with a firearm. The court imposed one sentence of imprisonment for life plus two years and a second, consecutive, sentence of…

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