Eddie A. Perez v. K.W. Prunty, Chief Deputy Warden

42 F.3d 1401 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eddie A. PEREZ, Petitioner-Appellant, v. K.W. PRUNTY, Chief Deputy Warden, Respondent-Appellee. No. 94-55501. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1994. * Decided Nov. 18, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Eddie A. Perez, a California state prisoner, appeals pro se the district court's denial of his habeas corpus petition pursuant to 28 U.S.C. Sec. 2254 . Perez was convicted after a jury trial of second degree murder as an aider and abettor and was acquitted of shooting at an occupied motor vehicle. Perez contends that (1) there was insufficient evidence to sustain his second degree murder conviction on the theory of aiding and abetting, and (2) the state trial court committed prejudicial errors by giving incorrect jury instructions. We review de novo the district court's denial of a habeas corpus petition. Robbins v.…