Wahid Y. Sartawi v. Al Gomez

32 F.3d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Wahid Y. SARTAWI, Plaintiff-Appellant, v. Al GOMEZ, Defendant-Appellee. No. 93-17023. United States Court of Appeals, Ninth Circuit. Submitted July 15, 1994. * Decided July 25, 1994. 1 Before: FERNANDEZ, RYMER, and T.G. NELSON, Circuit Judges 2 MEMORANDUM ** 3 California state prisoner Wahid Sartawi appeals the district court's denial of his petition for a writ of habeas corpus, 28 U.S.C. Sec. 2254 , which challenged his convictions for voluntary manslaughter and assault with a deadly weapon. We affirm. I. Double Jeopardy 4 Sartawi argues he was subjected to double jeopardy when the trial court allowed the newly constituted jury to deliberate his guilt or innocence after the original jury had already decided to acquit him on the second count in the indictment. We do not agree. 5 The original jury's not guilty verdict on count two against Sartawi never became "complete." It was not read in open court. The original…