Jorge L. CALDERON, Petitioner-Appellee, v. K.W. PRUNTY, Chief Deputy Warden, Respondent-Appellant

A jury convicted Jorge Calderon of two counts of first degree murder with the special circumstance of multiple murder and one count of grand theft, and he was sentenced to life imprisonment without the possibility of parole. After exhausting his state court remedies, Calderon filed a petition for a writ of habeas corpus. See 28 U.S.C. § 2254 (1988). In his petition for habeas relief, Calderon alleged that his defense was prejudiced because he did not receive constitutionally adequate notice of the prosecution’s theory that he had committed murder by means of lying in wait. The district court agreed and ordered that a writ of habeas corpus be issued unless the State of California retried Calderon within a reasonable time.

The State of California, through K.W. Prunty, Warden of the California State Prison at Calipatria, appeals. We reverse and remand.

I. BACKGROUND

In March 1988, Calderon became acquainted with Israel Padrón and Jesus Lopez. When he began socializing with them, Calderon was unaware that Padrón and Lopez were involved in criminal activity. However, shortly after they met, Padrón began insisting that Calderon act as his translator during drug transactions.…