Guillermo Velazquez v. Robert G. Borg

28 F.3d 110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Guillermo VELAZQUEZ, Petitioner-Appellant, v. Robert G. BORG, et al., Respondents-Appellees. No. 93-16129. United States Court of Appeals, Ninth Circuit. Submitted April 15, 1994. * Decided May 23, 1994. 1 Before: FLETCHER and TROTT, Circuit Judges, and KING, ** District Judge. 2 MEMORANDUM *** 3 California state prisoner Guillermo Velazquez appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction for first degree murder. Velazquez contends that: (1) the prosecution failed to prove the elements of aiding and abetting and the evidence was insufficient to support a conviction for aiding and abetting; and (2) the district court erred in finding that Velazquez' constitutional rights were not violated by an erroneous jury instruction regarding the definition of implied malice. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 , and reverse and remand. 4…