Pedro Rodarte v. William J. Bunnell and Attorney General of the State of California

953 F.2d 1387 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Pedro RODARTE, Petitioner/Appellant, v. William J. BUNNELL and Attorney General of the State of California, Respondent/Appellee. No. 89-55913. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1992. * Decided Jan. 16, 1992. Appeal from the United States District Court for the Central District of California, No. CV 88-917-MLR; Manuel L. Real, District Judge, Presiding. C.D.Cal. AFFIRMED. Before: FARRIS, NOONAN and TROTT, Circuit Judges. 1 MEMORANDUM ** 1. Failure to exhaust state remedies 2 A criminal conspiracy conviction "requires proof that the defendant and at least one other person specifically intended to agree or conspire to commit a crime, specifically intended to commit the crime, and carried out overt acts in furtherance of the conspiracy." People v. Brigham, 265 Cal.Rptr. 486, 499 (Cal.Ct.App.1989) (Kline, J., dissenting). Pedro Rodarte argued in the California courts that there was no…