Arthur R. Perez v. R.G. Borg, Warden

36 F.3d 1103 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Arthur R. PEREZ, Petitioner-Appellant, v. R.G. BORG, Warden, Respondent-Appellee. No. 93-55848. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 2, 1994. Decided Sept. 8, 1994. 1 Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, * District Judge. 2 MEMORANDUM ** 3 Arthur Perez was convicted of first degree murder in California state court and now appeals the district court's denial of his petition for a writ of habeas corpus. Perez argues that the evidence was constitutionally insufficient to support his conviction, and that he was denied due process because the trial court failed to instruct, sua sponte, on the level of provocation sufficient to reduce first degree murder to second degree murder. BACKGROUND 4 Perez was convicted of murdering Victoria Mesa at her home in Garden Grove, California. The facts of his case are exhaustively presented in the opinion of the California…